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Bulwark Takes

Unearthed Fox Footage Blows Up Hegseth’s Court Martial Claims (w/ Andrew Kaczynski)

Bulwark Takes

The Bulwark

News, Society & Culture, Politics, News Commentary

4.71.2K Ratings

🗓️ 9 December 2025

⏱️ 16 minutes

🧾️ Download transcript

Summary

Sam Stein sits down with CNN’s Andrew Kaczynski to discuss Pete Hegseth’s past comments on military law and unlawful orders. Kaczynski unearthed video of Hegseth defending troops for refusing illegal orders—something he now attacks Democratic lawmakers for saying.

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Read more of Andrew’s work: https://www.cnn.com/2025/12/08/politics/hegseth-trump-warned-unlawful-orders-kfile

Transcript

Click on a timestamp to play from that location

0:00.0

Hey, everybody. It's me, Sam Stein, managing editor at the Bork, and I'm about to have a lifetime achievement, or at least something I've been wanting to do forever. I'm going to talk with Andrew Kaczynski, who is of CNN. I've been a longtime fan of Andrews, as he knows, from my constant DMs. And we're going to be talking for the first time. I think this is our first time doing something like this, right? First time, yeah. Oh, my God. Why did we wait so long? We're going to talk about Andrew's reporting on Pete Hagsath. In particular, a couple of clips that you've surfaced of, I want to call him, the Department of Defense, actually. I'm not going to Department of War prior in his life saying that soldiers don't have to disobey illegal orders.

0:39.1

Andrew, before we get into it, I guess it's worth sort of setting the table why this matters, right?

0:43.8

So why don't you give us the back story about why it matters that Hague says said this back in 2016 or whatever?

0:50.1

Well, I mean, it's because him and Trump, and I mean, Trump in particular, suggested that Democratic members of Congress, I mean, guess what? He didn't suggest, right? He said it. No, he said it. He said it. He said it. We're trying to be careful sometimes and say suggest in our, like, he said it. He said it. Yeah. That Democratic members of Congress, who said that troops didn't need to follow unlawful orders

1:11.6

should be executed.

1:14.6

Is that Trump said?

1:15.4

Like, do you say, what was the...

1:16.5

Well, he called it sedition, and he said the punishment for sedition is execution, right?

1:20.9

I mean, yeah, that's the proper way to describe.

1:22.6

And the backstory was that there was, like, six Senate Democrats or six congressional Democrats

1:27.2

who had put out a very kind of weirdly timed video or oddly timed video where they just reminded troops that you do not have to follow unlawful orders.

1:36.8

Trump responds.

1:37.9

And then Pete Higgseth says he's going to court martial one in particular.

1:42.2

And that's Senator Mark Kelly because I guess Mark Kelly was the only one of the six who was, he could court-martial.

1:49.7

So then what did you find that made it hypocritical?

1:54.5

Well, if we go back, you first last week, and the thing that's most, I guess, sort of ridiculous about all this is that what they said is just law.

2:05.0

You know, that is just military law. It is military law that you do not have to follow unlawful orders.

2:10.5

It is in the Uniform Military Code of Justice. You know, you're required to follow lawful orders, but you don't need to follow unlawful

2:18.3

one. So last week we found a video of Pete Higseth giving a speech in April 2016, where he's like,

2:25.7

let's be honest, there's a pent-up supply of attacks on Donald Trump on the Republican side of the

2:30.4

spectrum. A lot of people held back for a long time. Last debate, Marco Rubio did.

2:38.6

In this debate, it was Rubio and Cruz drooling at Trump. And they went with the New York Times transcript, with Trump, with Trump University, with offshoring jobs and ties. I mean, they were

...

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