President Donald Trump suggested Thursday that Democratic veterans in Congress who urged military service members to “refuse illegal orders” from the Trump administration should receive capital punishment.
In a Truth Social post, Trump wrote, “SEDITIOUS BEHAVIOR, punishable by DEATH!”
The president’s message was seemingly directed at Sens. Elissa Slotkin (D-MI) and Mark Kelly (D-AZ) in addition to Reps. Jason Crow (D-CO), Maggie Goodlander (D-NH), Chris Deluzio (D-PA), and Chrissy Houlahan (D-PA). In a video posted Tuesday, the lawmakers told military and intelligence personnel to disobey orders that they allege are unlawful without specifying what those orders would be.
Sedition is a federal crime often used to incite rebellion or insurrection against the government. The charge is known as “seditious conspiracy,” according to 18 United States Code Section 2384. The term refers to speech or actions in furtherance of a conspiracy to overthrow, oppose, destroy, or wage war against the federal government. It is punishable by fines and imprisonment for up to 20 years.
Therefore, capital punishment is not considered a penalty for sedition. It is, however, a penalty for the related charge of treason.
“This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???” Trump mused in a previous post, citing the Washington Examiner‘s reporting on the Democrats’ comments.
“You can refuse illegal orders,” said Slotkin, a former CIA analyst and Defense Department official. “No one has to carry out orders that violate the law.”
The blowback on social media from the video has been heated, with users calling for the lawmakers’ removal from office, their indictments, or even their deaths.
Trump reposted several of these comments to his Truth Social account. In one post, a user wrote, “HANG THEM GEORGE WASHINGTON WOULD !!”
Kennedy Center President Richard Grenell was among the conservative voices to speak out against the Democratic lawmakers, albeit with a milder response.
“There should be more condemnation for people like [Slotkin] encouraging people to ignore Federal laws,” Grenell posted on X. “This is UnAmerican. She spent a lot of time talking about undermining democracy in 2020. She’s now calling for an all out insurrection against law and order. Speak out against her now!”
Service members have a duty to refuse unlawful orders, as they are only required to follow lawful orders under the Uniform Code of Military Justice. If they follow illegal orders, they can face criminal prosecution.
An unlawful order is defined as a criminal act or a violation of the Constitution, federal law, or applicable international law. Some examples include targeting or intentionally harming civilians, torturing or abusing detainees, and falsifying operational or legal records.
DEMOCRATIC VETERANS IN CONGRESS URGE SERVICE MEMBERS TO REFUSE UNSPECIFIED UNLAWFUL ORDERS
While the lawmakers did not clarify what unlawful orders they were referencing, Crow denied their comments were related to the military strikes on alleged drug boats in the Caribbean and Pacific. The Trump administration has repeatedly defended its use of the military in this case against critics, and the Justice Department concluded in July that troops involved in those lethal airstrikes are not subject to future prosecution.
Since the operations started in early September, the U.S. military has killed at least 83 people in at least 21 airstrikes on vessels allegedly carrying drugs.