Democrats Say DOJ Investigating Them Over Video Calling on Troops to Resist ‘Illegal Orders’

Democratic lawmakers who appeared in a video urging U.S. service members to defy “illegal orders” confirmed Wednesday that they are being investigated by the Justice Department.

The group includes four House representatives and two senators with military or intelligence backgrounds, according to contacts from the U.S. attorney’s office in Washington, D.C., led by Jeanine Pirro.

In response to the video, President Donald Trump accused the politicians of sedition, a charge he said is “punishable by death.”

Sen. Elissa Slotkin (D-Mich.), a former CIA analyst, disclosed the prosecutor’s request in a New York Times interview and a video on her X account.

Slotkin accused the president of “legal intimidation and physical intimidation.”

“This is the president’s playbook. Truth doesn’t matter. Facts don’t matter. And anyone who disagrees with him becomes an enemy,” Slotkin said in a video. “And he then weaponizes the federal government against them.”

In the video, the lawmakers tell troops to follow established military protocols by not following commands that violate the law. They later said that there’s no specific order they were referring to in the video.

Pirro’s office did not confirm nor deny an investigation. She has not returned a request for comment as of publication time.

Reps. Jason Crow (D-Colo.), Chrissy Houlahan (D-Pa.), and Maggie Goodlander (D-N.H.) said they were contacted by the Justice Department.

“They would like to sit down with us,” Houlahan told reporters. “And to my knowledge, each one of us have received the same email and outreach.”

Goodlander accused the Justice Department of “targeting me for doing my job.”

“These threats will not deter, distract, intimidate, or silence me,” Goodlander said.

The 90-second video featuring the lawmakers, released in November 2025, called on troops to adhere to protocols and reject “illegal orders.” Without specifying which orders they believed to be unlawful, lawmakers accused the administration of “pitting our uniformed military against American citizens” and urged service members to “stand up for our laws.”

House Leader Hakeem Jeffries (D-N.Y.) said Wednesday “these members of Congress did not violate the law” and that Democrats “stand firmly behind them.”

War Secretary Pete Hegseth on Jan. 5 censured Sen. Mark Kelly (D-Ariz.), a retired Navy pilot featured in the video, for “reckless misconduct,” alleging that statements he made in a video were seditious and in violation of the Uniform Code of Military Justice.

Hegseth initiated retirement grade determination proceedings, which could result in Kelly’s demotion from captain and reduced pay. The Navy submitted a report on possible actions Dec. 11, 2025, after an escalated command investigation that could lead to a court-martial.

Kelly sued Hegseth on Jan. 12, arguing the actions violate the First Amendment and Speech or Debate Clause.

“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” his lawsuit says. It calls the video’s message “that service members ‘can refuse illegal orders’” a “plain statement of blackletter law.”

Kelly’s attorney said the investigation has “no legitimate basis.” The Pentagon probe into Kelly began Nov. 24, 2025, after allegations of misconduct.

The FBI initially sought interviews with lawmakers, such as Crow, Houlahan, Goodlander, and Rep. Chris Deluzio (D-Pa.), via congressional sergeants at arms, according to a joint statement from the representatives.

The Epoch Times reached out to the parties involved, and did not hear back ahead of publication.

The Associated Press contributed to this report.