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elissa slotkin
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.
Jan 14, 2026
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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Defiant Democrats Slam Trump 'Intimidation' After FBI Seeks Interviews Over 'Illegal Orders' Video
"We will not be bullied."
Nov 25, 2025
Democratic lawmakers who participated in a video warning US military personnel against following unlawful orders issued by President Donald Trump remained defiant after being contacted by the FBI.
As reported by Reuters on Tuesday, the FBI has requested interviews with Sens. Mark Kelly (D-Ariz.) and Elissa Slotkin (D-Mich.), as well as Reps. Chris Deluzio (D-Penn.), Maggie Goodlander (D-NH), Chrissy Houlahan (D-Md.), and Jason Crow (D-Colo.), just days after Trump demanded their imprisonment or even death for supposed "sedition."
One US Department of Justice official told Reuters that the FBI interviews are to determine if the Democratic lawmakers engaged in "any wrongdoing" when they spoke out against the president potentially giving unlawful orders that pit the US military against American civilians.
The Democrats, however, vowed that they would not be intimidated by any FBI investigation.
In a social media post, Slotkin said that Trump's push to jail the Democrats for exercising their First Amendment rights demonstrated the reason why they decided to participate in the video in the first place. Slotkin accused Trump of "weaponizing the federal government against his perceived enemies," while adding that he "does not believe laws apply to him or his Cabinet."
"This is not the America I know," added Slotkin, a former CIA analyst. "I'm not going to let this next step from the FBI stop me from speaking up for my country and our Constitution."
Houlahan, Crow, Goodlander, and Deluzio issued a joint statement accusing Trump of "using the FBI as a tool to intimidate and harass members of Congress," and vowed that "no amount of intimidation or harassment will ever stop us from doing our jobs and honoring our Constitution."
"We swore an oath to support and defend the Constitution of the United States," they emphasized. "That oath lasts a lifetime, and we intend to keep it. We will not be bullied. We will never give up the ship."
The FBI interview requests came just a day after the US Department of Defense (DOD) said it had "received serious allegations of misconduct" against Kelly, who is a retired US Navy captain, and was launching an investigation that could result in him being recalled to active duty to face court-martial hearings for violating the Uniform Code of Military Justice (UCMJ).
In a separate social media post, Defense Secretary Pete Hegseth attacked all the Democrats who participated in the video as the "seditious six" and said that Kelly had been singled out for DOD investigation because he was the only member who was still subject to UCMJ given his status as a retired naval officer.
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Trump, Who Incited Jan 6 Insurrection, Wants Sedition Charges for Lawmakers Reminding Troops of Duty to Disobey Illegal Orders
"If you're threatening Dems for reminding the military that they are obligated to not follow illegal orders, you're admitting your orders are illegal."
Nov 20, 2025
Nearly five years after inciting an attempted insurrection, President Donald Trump on Thursday called for sedition charges against Democrats in Congress who reminded members of the US military and intelligence services that "you must refuse illegal orders."
"We know you are under enormous stress and pressure right now," says Sen. Elissa Slotkin (Mich.), a former Central Intelligence Agency analyst, in the 90-second video circulated on social media Tuesday.
Sen. Mark Kelly (Ariz.), a former Navy captain, notes in the video that "like us, you all swore an oath" to the US Constitution
Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Maggie Goodlander (NH), and Chrissy Houlahan (Pa.)—all veterans of the US military and intelligence community—join the senators in calling on service members to stand up to any illegal orders from the Trump administration and "don't give up the ship."
Miles Taylor, a former chief of staff for the Department of Homeland Security who anonymously spoke out against Trump in a high-profile op-ed and book during his first term, said that it is "pretty insane that we are living in a moment where a video message like this [is] necessary."
Also responding to the video on the platform X, Stephen Miller, White House deputy chief of staff for policy and homeland security adviser, claimed that "Democrat lawmakers are now openly calling for insurrection."
Kelly hit back, citing the January 6, 2021 attack: "I got shot at serving our country in combat, and I was there when your boss sent a violent mob to attack the Capitol. I know the difference between defending our Constitution and an insurrection, even if you don't."
Slotkin also responded, saying: "This is the law. Passed down from our Founding Fathers, to ensure our military upholds its oath to the Constitution—not a king. Given you're directing much of a military policy, you should buff up on the Uniformed Code of Military Justice."
Trump weighed in on his Truth Social platform just after 9:00 am on Thursday morning, writing: "It's called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand—We won’t have a Country anymore!!! An example MUST BE SET."
"This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???," Trump continued, linking to the right-wing Washington Examiner's coverage and signing both posts "President DJT."
Just over an hour later, the president added, "SEDITIOUS BEHAVIOR, punishable by DEATH!"
Responding with a lengthy joint statement, the lawmakers behind the video reiterated their commitment to the oaths they took, and said that "what's most telling is that the president considers it punishable by death for us to restate the law."
"Our servicemembers should know that we have their backs as they fulfill their oath to the Constitution and obligation to follow only lawful orders," they added. "Every American must unite and condemn the president's calls for our murder and political violence. This is a time for moral clarity."
Congresswoman Pramila Jayapal (D-Wash.)—who has for years faced threats from Trump supporters, including Arizona state Rep. John Gillette (R-30) in September—stressed that the president's "calls for political violence are completely unacceptable."
Rep. Ilhan Omar (D-Minn.), another frequent target of right-wing threats, similarly took aim at Trump's sedition remarks, saying, "None of this is normal."
Senate Minority Leader Chuck Schumer (D-NY) said on the chamber's floor Thursday: "Let's be crystal clear: The president of the United States is calling for the execution of elected officials. This is an outright threat, and it's deadly serious. We have already seen what happens when Donald Trump tells his followers that his political opponents are enemies of the state."
"We all remember what January 6th was like. We lived through January 6th. We have lived through the assassinations and attempted assassinations this year. We have members whose families have had to flee their homes," he continued. "When Donald Trump uses the language of execution and treason, some of his supporters may very well listen. He is lighting a match in a country soaked with political gasoline. Every senator, every representative, every American—regardless of party—should condemn this immediately and without qualification."
Melanie D'Arrigo, executive director of the Campaign for New York Health, said Thursday: "Trump tried to overthrow our government almost five years ago, and is calling for Dems to be put to death for sedition. If you're threatening Dems for reminding the military that they are obligated to not follow illegal orders, you're admitting your orders are illegal."
The Democrats' video and Trump's outburst come as members of Congress and legal experts lambast the Trump administration's deadly bombings of boats allegedly running drugs in the Caribbean and Pacific Ocean. Critics have emphasized that even if the targeted vessels are transporting illicit substances, the strikes are illegal.
Trump is also under fire for his attacks on immigrants in Democrat-led communities. Kelly and Slotkin, along with Democratic Sens. Tammy Duckworth (Ill.), Richard Blumenthal (Conn.), and Ron Wyden (Ore.), recently introduced the No Troops in Our Streets Act, which would limit the administration's ability to deploy the National Guard and inject $1 billion in new resources to fight crime across the country.
"Our brave military men and women signed up to defend the Constitution and our rights, not to be used as political props or silence dissent," said Duckworth, a retired Army lieutenant colonel who has been especially critical of the administration's operation in the Chicagoland area, including efforts to deploy the National Guard there.
"These un-American, unjustified deployments of troops into our cities do nothing to fight crime—they only serve to intimidate Americans in their own neighborhoods," she added. "I'm introducing this legislation with my colleagues to stop Trump's gross misuse of our military and devote more resources toward efforts that would actually help our local law enforcement—which Trump has actually defunded to the tune of $800 million."
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