By Anna CommanderShareNewsweek is a Trust Project memberCNN senior legal analyst Elie Honig said that President Donald Trump was "so far out of line" for accusing Democratic lawmakers of "seditious behavior" over a video they made urging U.S. troops and members of the intelligence community to refuse illegal orders.
Newsweek reached out to legal analyst Dave Aronberg via X Tuesday night for comment.
Why It Matters
Trump’s public condemnation of six Democratic lawmakers as '"traitors'" for their video urging military personnel to disobey illegal orders has amplified partisan tensions and sparked widespread legal and ethical debates over presidential rhetoric and its implications for American democracy.
The clash carries potential legal consequences, ongoing FBI and Pentagon investigations, bipartisan rebukes and raises critical questions about civilian control of the military, free speech and the limits of presidential authority.
What To Know
On November 18, six Democratic lawmakers—Senators Mark Kelly of Arizona, Elissa Slotkin of Michigan and Representatives Chris Deluzio of Pennsylvania, Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire and Jason Crow of Colorado—released a video titled “Don’t Give Up the Ship.” In the video, the lawmakers, all with military or intelligence backgrounds, addressed current service members, stating in part:
“Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”
House Republicans on November 21 issued their own video in part on X, with a caption saying, "House Republican veterans speak DIRECTLY to the military and intelligence community, urging them to stand strong for law, order, and the Constitution."
The videos coincided with legislative efforts such as the No Troops in Our Streets Act, meant to curb Trump’s ability to deploy the National Guard domestically, in response to disputed Guard deployments in cities like Portland and Los Angeles.
The Democratic lawmakers did not specify any illegal orders given by Trump in their video.
The Pentagon announced it would investigate Kelly for “serious allegations of misconduct” on the heels of his participation in the video and Slotkin said that the FBI's Counterterrorism Division appeared "to open an inquiry" of her.
Asked about the legality surrounding the issue, Honig said, "Let me be clear here, there is no crime committed by either the Democrats or the Republicans in those two competing videos. As [former FBI Deputy Director] Andy McCabe correctly said, they're both protected by the First Amendment, it is right down the middle of First Amendment political speech, it's not even anything adjacent to a crime. Or that could develop into a crime."
Honig later added, "When Trump raises 'seditious conspiracy' he is so far out of line, it's hard to describe; it's not even close to seditious conspiracy."
The CNN legal analyst later brought up the speech and debate clause, noting that it is the "perfect defense." He added that, personally, he does have "problems" with the Democratic video due to "sending a bad message" to U.S. troops.
...What People Are Saying
Trump, on Truth Social last week: "This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP??? President DJT"
In a follow-up post, the president added, "SEDITIOUS BEHAVIOR, punishable by DEATH!"
Kelly, on X Tuesday: "Like so many members of our military, serving this country changed my life. The Navy gave me opportunities I wouldn't dream of and taught me lessons I'll never forget. I'm grateful for everything our nation has given me, and I'll always do everything I can to give back to it."
Slotkin, also on X Tuesday: "Last night, the FBI's Counterterrorism Division appeared to open an inquiry into me in response to a video President Trump did not like. The President directing the FBI to target us is exactly why we made this video in the first place. He believes in weaponizing the federal government against his perceived enemies and does not believe laws apply to him or his Cabinet. He uses legal harassment as an intimidation tactic to scare people out of speaking up. This isn’t just about a video. This is not the America I know, and I’m not going to let this next step from the FBI stop me from speaking up for my country and our Constitution."
What Happens Next
As of publication, no formal charges have been brought against any of the six Democratic lawmakers. Defense Secretary Pete Hegseth and administration officials have called for disciplinary or legal action.
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