A Washington, DC, grand jury refused to indict Democratic lawmakers who made a video urging military and intelligence agency members to disobey illegal orders, according to numerous outlets.
The government and courts did not reveal the charges or which members were named in the indictment.
These are the lawmakers in the video:
Sedition is defined as “incitement of resistance to or insurrection against lawful authority.”
The Sedition Act of 1798 did not last long, expiring in 1801.
However, people can face charges under 18 U.S. Code § 2384 – Seditious conspiracy:
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
Sen. Elissa Slotkin (D-MI) wrote on X that U.S. Attorney Jeanine Pirro targeted her:
But today wasn’t just an embarrassing day for the Administration. It was another sad day for our country.Because whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies. It’s the kind of thing you see in a foreign country, not in the United States we know and love.No matter what President Trump and Pirro continue to do with this case, tonight we can score one for the Constitution, our freedom of speech, and the rule of law.
The lawmakers said in the video:
This administration is pitting our uniformed military and intelligence community professionals against American citizens. Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home.Our laws are clear.You can refuse illegal orders. (Repeated twice.)You must refuse illegal orders.No one has to carry out orders that violate the law or our Constitution. We know this is hard. And it’s a difficult time to be a public servant. But whether you’re serving in the CIA, the Army, our Navy, the Air Force, your vigilance is critical. And know that we have your back. Because now, more than ever, the American people need you. We need you to stand up for our laws, our Constitution, and who we are as Americans.
No, you cannot refuse illegal orders because, according to Military Defense, “All military orders are presumed lawful.”
And if a military member believes “an order is manifestly unlawful,” there is a process:
Important Note: All military orders are presumed lawful. The burden falls on the service member to establish that an order is manifestly unlawful. This is a high standard, and hesitation or refusal can carry serious consequences—even if ultimately justified.Because of this legal complexity, service members should consult with legal counsel as soon as they suspect an order may be unlawful. Do not disobey an order without first seeking guidance from a qualified military attorney, unless the order is clearly illegal on its face (e.g., ordering you to shoot unarmed civilians).
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