Lawmakers' Video on Illegal Orders Prompts Controversy, DOJ Probe, and Grand Jury Review
Six Democratic members of Congress, all with backgrounds in the military or intelligence community, recently released a video advising service members to refuse illegal orders. This action led to accusations of sedition from former President Donald Trump, a federal investigation by the Department of Justice (DOJ), and disciplinary action against one of the senators involved by the Defense Department. Most recently, a federal grand jury declined to issue an indictment against the lawmakers.
The Lawmakers' Video and its Context
In November, Representatives Jason Crow (Colorado), Chris Deluzio (Pennsylvania), Maggie Goodlander (New Hampshire), and Chrissy Houlahan (Pennsylvania), along with Senators Mark Kelly (Arizona) and Elissa Slotkin (Michigan), released a video across social media platforms. All six lawmakers have prior service in the U.S. military or intelligence community.
In the video, they addressed military and intelligence personnel, stating, "You can refuse illegal orders" and "You must refuse illegal orders."
They also conveyed that "Our laws are clear. No one has to carry out orders that violate the law or our constitution." The lawmakers stated the video was a response to various proposals by former President Trump regarding military use, which they viewed as potentially unlawful. Examples cited included a 2016 suggestion to target the families of terrorists and a threat to deploy troops to Chicago.
The video also claimed the Trump administration was "pitting our uniformed military and intelligence community professionals against American citizens" and that "threats to our Constitution aren't just coming from abroad, but right here at home." It concluded with the phrase, "Don't give up the ship."
The lawmakers defended their message, aligning it with the Uniform Code of Military Justice and the Constitution. Legal experts generally agree that military members are obligated to follow legal orders but are not required to follow illegal ones, with disobedience mandated in instances where orders are "manifestly unlawful."
Former President Trump's Response and Subsequent Reactions
Following the video's release, former President Donald Trump commented on the situation via Truth Social. He characterized the lawmakers' statements as "really bad, and dangerous to our country," adding, "Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!!"
In subsequent posts, he stated, "SEDITIOUS BEHAVIOR, punishable by DEATH!" Mr. Trump also reposted comments from other users, which included suggestions that the Democrats should be hanged or indicted. He later clarified he was "not threatening death" but stated the lawmakers were "in serious trouble."
In response to Mr. Trump's posts, the Democratic lawmakers issued a joint statement. They affirmed their status as "veterans and national security professionals" who have sworn an oath to the Constitution. The statement declared that "No threat, intimidation, or call for violence will deter us from that sacred obligation," and urged all Americans to "unite and condemn the President's calls for our murder and political violence."
House Democratic leadership, including House Minority Leader Hakeem Jeffries (New York), whip Katherine Clark (Massachusetts), and Caucus Chair Pete Aguilar (California), condemned Mr. Trump's remarks and called for House Republicans to do the same. They also confirmed that contact had been made with the House Sergeant at Arms and the United States Capitol Police to ensure the safety of the involved members and their families, and urged Mr. Trump to delete his social media posts and recant his rhetoric.
Representatives Jason Crow and Senator Elissa Slotkin reported receiving death threats following Mr. Trump's social media posts.
White House Press Secretary Karoline Leavitt addressed reporters regarding the situation. She rejected suggestions that President Trump was advocating for the execution of members of Congress. Leavitt accused the Democratic lawmakers of encouraging military personnel to defy "lawful orders" and stated that if the chain of command is broken, it could lead to chaos.
Defense Department Actions Against Senator Mark Kelly
Secretary of Defense Pete Hegseth censured Senator Mark Kelly, stating that the video "Undermines the Chain of Command; Creates Confusion About Duty; Brings Discredit Upon the Armed Forces; and Is Conduct Unbecoming an Officer." This censure was set to result in a reduction in Senator Kelly's rank and retirement pay.
Senator Kelly filed a lawsuit arguing a violation of his constitutional rights. A federal judge has since ruled that the administration's attempt to penalize Senator Mark Kelly over the video infringed upon his First Amendment freedoms.
Federal Investigation and Lawmakers' Resistance
Following the video's release, the lawmakers reported being under federal investigation. Senator Slotkin indicated that her inquiry originated from U.S. Attorney for the District of Columbia Jeanine Pirro. FBI inquiries were also made, with contact requests sent to the House and Senate sergeants-at-arms for interviews with the involved lawmakers.
The Justice Department sought to charge the lawmakers under 18 U.S.C. ยง 2387, a statute that applies to individuals who "advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military" with intent to "interfere with, impair, or influence the loyalty, morale, or discipline of the military." This law carries a maximum 10-year prison sentence.
Two "special counsel" officials at the U.S. Attorney's Office for the District of Columbia, Carlton Davis and Steven Vandervelden, operating under U.S. Attorney Pirro, attempted to secure criminal charges against the lawmakers. Reports indicated no career federal prosecutors were involved in the case.
Senators Slotkin and Representatives Houlahan, Crow, and Goodlander declined to comply with the DOJ's inquiries or requests for interviews. Representative Crow stated that President Trump was "using his political cronies in the Department of Justice to continue to threaten and intimidate us." Representative Goodlander affirmed that threats would not deter her, describing it as "sad and telling" that stating a "bedrock principle of American law" led to threats and a Justice Department target. Senator Slotkin stated that the administration was "purposely using physical and legal intimidation" to silence critics. Both Senator Kelly and Representative Crow stated they would not alter their message regarding unlawful orders.
Grand Jury Decision and Reactions
On Tuesday, a federal grand jury refused to indict the six congressional Democrats, according to sources familiar with the matter. This followed similar efforts by the Justice Department to seek criminal charges in other politically sensitive cases.
Following the grand jury's decision, the involved lawmakers publicly condemned the Justice Department's attempt to indict them. Senator Elissa Slotkin stated the president was seeking to "weaponize our justice system against his perceived enemies," and Senator Mark Kelly called it an "outrageous abuse of power."
Representative Jason Crow issued a statement, "Don't Give Up the Ship," while Representative Chris Deluzio affirmed, "I will not be intimidated for a single second." Representative Maggie Goodlander said the grand jury "honored our Constitution," and Representative Chrissy Houlihan described the refusal to indict as "good news for the Constitution."
Republican Senator Thom Tillis of North Carolina criticized the Justice Department's actions while commending the grand jury. He stated that "Political lawfare waged by either side undermines America's criminal justice system." Conversely, House Speaker Mike Johnson, a Louisiana Republican, told reporters that the Democrats "probably should be indicted." Democratic Senator Adam Schiff of California commented that the six members of Congress were merely "stating the obvious" about illegal orders and that the DOJ contemplating such an action "demonstrates what a repressive regime is now running this country."
Former federal prosecutor Kyle Boynton commented that the effort to indict these members of Congress was "shocking" and suggested that Justice Department attorneys involved might have violated professional conduct rules.
Under Justice Department policy, U.S. Attorney Pirro would need to explicitly approve any subsequent attempt to indict the lawmakers, given the grand jury's prior "no bill" finding.