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Slotkin Says She’s Under Federal Investigation After ‘Don’t Follow Unlawful Orders’ Video

Sen. Elissa Slotkin (D-Mich.) speaks during a Senate Homeland Security and Governmental Affairs Committee confirmation hearing in Dirksen building on July 24, 2025.

(Photo by Tom Williams/CQ-Roll Call, Inc via Getty Images)

Slotkin Says She’s Under Federal Investigation After ‘Don’t Follow Unlawful Orders’ Video

"DOJ policy forbids investigations based solely on First Amendment protected activity," said one legal expert.

The Democratic senator who organized a video warning members of the military against obeying illegal orders given by President Donald Trump said that she is being investigated by federal prosecutors.

In an interview with the New York Times published Tuesday, Sen. Elissa Slotkin (D-Mich.) said that the office of Jeanine Pirro, the US attorney for the District of Columbia, had sent an email to the Senate’s sergeant-at-arms requesting to speak with either Slotkin or her private counsel.

Slotkin called the investigation being conducted by Pirro's office an attempt at intimidating her from speaking out against the Trump administration.

"Facts matter little, but the threat matters quite a bit," said Slotkin, a former CIA intelligence analyst and official at the US Department of Defense. "The threat of legal action; the threat to your family; the threat to your staff; the threat to you."

The Times report noted that it's unclear what potential crime Slotkin is being investigated for, and a spokesperson for Pirro's office declined to confirm the existence of the probe.

However, Slotkin has been under fire from Trump and his allies for several weeks after she organized a video with fellow Democratic lawmakers in which they reminded US military service members that they should not obey any illegal orders given by the president.

"We want to speak directly to members of the military and the intelligence community," Slotkin wrote in a November social media post promoting the Democrats' video. "The American people need you to stand up for our laws and our Constitution. Don’t give up the ship."

Trump reacted to the video with rage, accusing Slotkin and other Democrats who appeared in the video of engaging in "SEDITIOUS BEHAVIOR, punishable by DEATH!"

In a social media post Thursday, Michigan Law School professor Barb McQuade argued that any investigation into Slotkin centering on the video about unlawful orders would be flatly unlawful.

"DOJ policy forbids investigations based solely on First Amendment protected activity," McQuade explained.

Slotkin is not the only Trump nemesis facing legal pressure, as it was revealed on Sunday that Pirro's office has also opened a criminal probe into Federal Reserve Chairman Jerome Powell, who has been frequently targeted by Trump for his refusal to obey the president's demands to more aggressively cut US interest rates.

The Wall Street Journal reported on Wednesday that Trump last week berated dozens of US attorneys, including Pirro, and accused them of being "weak" and too slow in launching criminal probes of his political enemies.

"Among his grievances with prosecutors, Trump complained that the Justice Department hadn’t yet brought a case against one of his most prominent Democratic adversaries, Sen. Adam Schiff of California," the Journal reported.

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