Trump DOJ Expands 'Illegal Orders' Video Probe as Additional House Democrats Confirm U.S. Attorney Inquiries and Kelly Fights Pentagon Demotion
Federal prosecutors in Washington, led by U.S. Attorney Jeanine Pirro, have expanded a probe into a November video urging troops to refuse “illegal orders,” reaching out to or seeking interviews with several lawmakers involved — notably Sen. Elissa Slotkin and House members Jason Crow, Chris Deluzio, Chrissy Houlahan and Maggie Goodlander — while the FBI has also interviewed participants amid threats tied to the controversy. Separately, Defense Secretary Pete Hegseth has issued a formal letter of censure and opened retirement‑grade proceedings that could demote retired Navy Capt. Sen. Mark Kelly and cut his pension (with 30 days to respond and 45 days for a determination), prompting Kelly to sue the Pentagon as unconstitutional retaliation after President Trump publicly denounced the video as “seditious” and “punishable by death.”
📌 Key Facts
- In November six Democrats — Sen. Elissa Slotkin, Sen. Mark Kelly and Reps. Jason Crow, Chris Deluzio, Chrissy Houlahan and Maggie Goodlander — posted a roughly 90‑second video urging service members and intelligence personnel to refuse 'illegal orders'; the FBI contacted those lawmakers in November to schedule interviews.
- President Trump publicly denounced the video as 'seditious behavior' and demanded arrest and prosecution in social‑media posts that included the phrase 'SEDITIOUS BEHAVIOR, punishable by DEATH!' and other calls for extreme punishment, intensifying political pressure and threats against the lawmakers.
- The Justice Department in Washington, led by U.S. Attorney Jeanine Pirro, has reached out seeking interviews with several participants (Slotkin, Crow, Deluzio, Houlahan and Goodlander); lawmakers say federal prosecutors or the FBI have contacted them or their lawyers and characterize the inquiries as political intimidation.
- Defense Secretary Pete Hegseth issued a formal letter of censure to Sen. Mark Kelly, labeled the video 'seditious' and opened Pentagon retirement‑grade determination proceedings that could downgrade his retired Navy captain rank and reduce his pension; the process gives Kelly 30 days to respond and 45 days for a determination.
- Hegseth says Kelly, as a retired officer receiving pay, remains subject to the Uniform Code of Military Justice and cites Articles 133 and 134 in alleging conduct that undermined good order and military discipline; the Pentagon has also considered whether to recall Kelly to active duty for possible court‑martial.
- Sen. Kelly filed a 46‑page federal lawsuit in Washington, D.C. (assigned to Judge Richard Leon) naming Hegseth, the War Department/DoD/Navy and Navy Secretary John Phelan; the complaint argues the censure and retirement‑grade review are unconstitutional retaliation that violate the First Amendment and the Speech or Debate Clause.
- Lawmakers targeted by the inquiries — and Kelly in court filings and public statements — say the moves are an attempt by the Trump administration to silence critics and chill speech by retired service members; Slotkin reported roughly 1,000 credible threats tied to the controversy, including a bomb threat and swatting of her parents.
- Kelly defends his remarks as consistent with military law (urging refusal of unlawful orders), emphasizes his 25‑year Navy career and earned rank, vows to fight the administration's actions, and frames the dispute as a larger question about the government's authority to police post‑retirement political speech by members of Congress.
📊 Relevant Data
In 2023, 68.8% of active-duty US military members self-identified as White, 18.0% as Black or African American, 6.1% as Asian, 1.3% as American Indian or Alaska Native, 1.1% as Native Hawaiian or Other Pacific Islander, 4.6% as Multi-racial, and 0.1% as Unknown, with 17.4% identifying as Hispanic or Latino regardless of race.
2023 Demographics Profile of the Military Community — Military OneSource
Among post-9/11 US military veterans surveyed in 2024, 55% identified as politically independent, 27% as Republican, and 19% as Democratic.
IAVA Surveyed Members in Run-up to the General Election. Here are the Results! — Iraq and Afghanistan Veterans of America
A 2023 Pentagon internal review found that significant racial disparities in the military justice system often begin early due to bias from junior officers and supervisors, with greater disparities in areas of limited oversight like non-judicial punishments.
'Unacceptable': Pentagon Highlights Supervisors' Role in Racial Bias Across Services — Military.com
Since 2015, notable sedition-related charges in the US have primarily involved seditious conspiracy under 18 U.S.C. § 2384, with over 20 individuals charged in connection to the January 6, 2021 Capitol attack, including members of groups like the Oath Keepers and Proud Boys, several of whom were convicted.
Sedition: The Ultimate Guide to a Controversial U.S. Crime — US Law Explained
📊 Analysis & Commentary (2)
Podcast: Intelligence and Liberalism
"The podcast critiques the Justice Department’s probe of Democrats over an "illegal orders" video as an alarming politicization of intelligence and prosecutorial power that threatens free speech, civilian‑military norms and liberal constitutional values, and calls for independent safeguards and oversight."
Exclusive: Mark Kelly’s money bomb
"The Politico Playbook analysis treats Mark Kelly’s recent fundraising and donations as a strategic response to being targeted by Trump (and related probes), arguing that the attacks have boosted his national profile and enabled him to act as a major 2026 Democratic funder while laying groundwork for a possible 2028 presidential bid."
📰 Source Timeline (19)
Follow how coverage of this story developed over time
January 15, 2026
5:57 PM
Justice Department reaching out to Democrat lawmakers seen in video telling troops to 'refuse illegal orders'
New information:
- Fox’s sourcing confirms that the Justice Department, via U.S. Attorney Jeanine Pirro in D.C., is 'reaching out' to Democratic lawmakers from the video and seeking interviews with them or their lawyers.
- It specifies that Reps. Jason Crow, Chrissy Houlahan and Maggie Goodlander have acknowledged being contacted by federal prosecutors.
- The article reproduces Trump’s November Truth Social posts calling the video 'SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL' and 'SEDITIOUS BEHAVIOR, punishable by DEATH!' and demanding the lawmakers be arrested and tried.
- Crow, Houlahan and Goodlander each post on X saying they are being 'investigated' for the video and characterizing the DOJ approach as political intimidation at Trump’s direction.
2:00 PM
More Democrat reps involved in ‘refuse illegal orders’ video report receiving inquiry from US attorney
New information:
- Reps. Jason Crow, Chrissy Houlahan and Maggie Goodlander each say they have received inquiries from U.S. Attorney Jeanine Pirro’s office seeking interviews with them or their lawyers.
- Crow publicly accuses 'Trump's political cronies at the Justice Department' of trying to threaten and intimidate them and vows not to be silenced, saying he is 'more emboldened than ever.'
- Goodlander posts her own video on X calling the situation 'sad, telling and downright dangerous' and framing DOJ’s interest as the president 'weaponiz[ing] the Department of Justice' against her for reiterating a 'bedrock principle' of refusing illegal orders.
- The Fox piece reinforces that Pirro’s office requested Slotkin’s interview via the Senate sergeant‑at‑arms email first reported by the New York Times, but still officially refuses to confirm or deny the existence of the probe.
3:12 AM
Trump administration investigates 5 Democrats over their video to troops
New information:
- CBS reports that five Democratic lawmakers — Reps. Chris Deluzio, Chrissy Houlahan, Maggie Goodlander and Jason Crow, plus Sen. Elissa Slotkin — say they have received DOJ inquiries about the 'illegal orders' video.
- The story reiterates that U.S. Attorney Jeanine Pirro in D.C. personally reached out seeking interviews with Slotkin and Crow.
- CBS notes that the Pentagon has already taken steps to demote Sen. Mark Kelly’s Navy rank and cut his pension over the video, and that Kelly has filed a lawsuit against Defense Secretary Pete Hegseth arguing the move is unconstitutional.
- The article spotlights fresh on‑the‑record reactions from Deluzio and Houlahan, who accuse the administration of a 'harassment campaign' and say they are being targeted for telling troops to refuse unlawful orders.
12:20 AM
Democratic Rep. Jason Crow contacted by Justice Dept. after video to troops
New information:
- Rep. Jason Crow confirms the U.S. Attorney’s Office in D.C., led by Jeanine Pirro, has requested an interview with him about the 'refuse illegal orders' video.
- The FBI has contacted the House and Senate Sergeants at Arms seeking interviews with Crow and the other lawmakers involved.
- Crow publicly alleges Trump called for his 'arrest, prosecution, and execution' over the video and frames the DOJ moves as an attempt to intimidate Congress.
- CBS clearly lists all six lawmakers in the video: Crow, Sens. Elissa Slotkin and Mark Kelly, and Reps. Chris Deluzio, Maggie Goodlander and Chrissy Houlahan, confirming Crow’s on‑camera role.
January 14, 2026
6:03 PM
Democrat Elissa Slotkin says she is under investigation for video on illegal orders
New information:
- Slotkin confirms that federal prosecutors are investigating her over the 'illegal orders' video and says she learned this directly from the office of U.S. Attorney Jeanine Pirro in D.C.
- She states that authorities investigated roughly 1,000 credible threats tied to the controversy, including a bomb threat at her house and swatting of her parents.
- Slotkin explicitly accuses President Trump of 'weaponizing the federal government' against critics and calls the probe 'legal intimidation and physical intimidation meant to get you to shut up.'
- NPR notes the FBI requested interviews with all six lawmakers in November, adding timing detail on the investigative steps.
- The article reinforces that Defense Secretary Pete Hegseth has said the Pentagon will censure Sen. Mark Kelly, potentially allowing demotion or reduction in retirement pay, and that Kelly has in turn sued Hegseth alleging unconstitutional retaliation.
3:27 PM
Trump administration is investigating Sen. Slotkin for Democrats' video urging troops to resist 'illegal orders'
New information:
- Sen. Elissa Slotkin confirms she has been notified that the Trump administration is investigating her over the 'illegal orders' video she organized and posted in November.
- The inquiry is being handled by the office of U.S. Attorney Jeanine Pirro, the Justice Department’s chief prosecutor in Washington, D.C.
- Slotkin learned of the inquiry this month; a person familiar with the matter confirmed the investigation to AP.
- The piece reiterates that FBI agents have already contacted Slotkin and the other Democratic lawmakers in the video to schedule interviews, but Pirro’s involvement marks a higher‑level escalation.
- The article recaps that Defense Secretary Pete Hegseth has censured Sen. Mark Kelly over the same video and is seeking to retroactively demote him from his retired Navy captain rank, which Kelly is challenging in court.
January 12, 2026
9:40 PM
Sen. Kelly sues the Pentagon over Trump administration attempts to punish him
New information:
- Confirms the lawsuit has formally been filed in federal district court in Washington, D.C., and assigned to Judge Richard Leon (a George W. Bush appointee).
- Details Kelly’s First Amendment argument that the censure and threatened retirement-grade proceedings are unconstitutional retaliation against protected political speech by a legislator.
- Clarifies that Hegseth publicly framed the censure letter as a 'necessary process step' toward possible demotion from retired Navy captain to a lower grade, which would cut Kelly’s pension.
- Explains that among the six lawmakers in the November 'resist unlawful orders' video, Kelly is the only one under Pentagon investigation because he is the only formally retired military officer still under UCMJ recall jurisdiction.
- Reiterates that Trump publicly labeled the lawmakers’ video 'sedition punishable by DEATH,' contextualizing the political pressure surrounding Hegseth’s actions.
7:39 PM
Sen. Mark Kelly sues Defense Secretary Pete Hegseth
New information:
- Kelly has formally filed suit in federal court against Defense Secretary Pete Hegseth, rather than merely threatening litigation.
- The complaint explicitly argues that the Pentagon’s retirement‑grade review and censure constitute unconstitutional retaliation for protected post‑retirement political speech.
- The lawsuit invokes the Speech or Debate Clause and challenges DoD’s authority to police a retired officer’s political expression after he became a member of Congress.
7:38 PM
Mark Kelly sues Hegseth over effort to demote his Navy rank
New information:
- Confirms that Mark Kelly has formally filed suit (not just threatened) against Defense Secretary Pete Hegseth over the Navy retirement‑grade proceeding.
- Reiterates that the lawsuit seeks to prevent a downgrade from retired Navy captain rank and a corresponding pension cut tied to Kelly’s November video telling troops to refuse 'illegal orders.'
7:03 PM
Sen. Mark Kelly sues Hegseth to block move to cut rank, pension
New information:
- Mark Kelly filed a 46-page civil complaint in federal court on Monday against Defense Secretary Pete Hegseth, seeking to block retirement-grade determination proceedings and any reduction in his retired rank and pay.
- Kelly’s suit argues that Hegseth’s actions are unconstitutional retaliation for his post-retirement political speech, violating the First Amendment and the Constitution’s Speech or Debate Clause.
- The complaint asserts that 'never in our nation's history' has the executive branch imposed military sanctions on a member of Congress for disfavored political speech and that there is no legal basis to punish him for 'post-retirement political speech.'
7:00 PM
Arizona Sen Kelly sues Hegseth over military pension cuts following video message
New information:
- Confirms the suit is filed in federal court in Washington, D.C., and names the War Department, Navy, DoD and Navy Secretary John Phelan as defendants alongside Pete Hegseth.
- Quotes additional language from Kelly’s public statement on X warning that Hegseth’s actions send a 'chilling message' to all retired service members about being punished years later for disfavored speech.
- Restates that the censure letter is being used as the basis for a potential reduction in Kelly’s retirement rank and pension, framed by Kelly as unprecedented executive retaliation against a member of Congress.
January 08, 2026
2:00 AM
Mark Kelly avoids saying arresting Maduro, Venezuela strikes were 'illegal'
New information:
- In a CNN interview on 'The Lead with Jake Tapper,' Sen. Mark Kelly declined to say President Trump’s military operation in Caracas to seize Nicolás Maduro was 'illegal,' instead framing it as raising 'constitutional questions.'
- Kelly distinguished between individual service members evaluating 'illegal orders' (the subject of his earlier viral video) and broader constitutional questions about a president using '150 airplanes and the full force of the U.S. military' to conduct what he called essentially a law-enforcement action on a head of state.
- Kelly said, 'Maduro is a bad guy, and it’s good that he’s gone,' but argued the administration had 'no plan beyond removing Maduro' and criticized the effective elevation of Vice President Delcy Rodríguez as akin to a Navy executive officer 'fleeting up' to commanding officer.
- The piece notes that progressive Democrats have been calling the Venezuela operation 'illegal' and 'potentially impeachable,' but Kelly stopped short of endorsing that view when pressed.
- Fox reiterates that Defense Secretary Pete Hegseth has ordered a formal censure letter for Kelly and directed the Navy secretary to review Kelly’s retired rank and pay, emphasizing Hegseth’s characterization of Kelly’s video as 'reckless and seditious.'
January 06, 2026
2:46 PM
Kelly fires back at Hegseth over censure, says he's never backing down
New information:
- Fox News reports that Secretary of War Pete Hegseth has announced Sen. Mark Kelly will receive a formal censure letter related to the November video urging troops to refuse illegal orders.
- In an MS NOW interview with Rachel Maddow, Kelly says he is 'never going to back down,' vows to keep speaking out, and characterizes the censure move as an effort by the Trump administration to 'silence' him.
- Kelly argues that if the administration is able to 'punish [him] in a significant way' it could chill speech by other retired service members and critics of the government, which he calls a 'foundational problem' for constitutional democracy.
- Kelly reiterates his view that Trump is upset because service members’ loyalty is to the Constitution rather than to him personally, saying Trump 'opens his mouth before he thinks and then doubles down on it.'
2:45 PM
Sen. Mark Kelly says Hegseth's move to demote him "is about stifling people's speech"
New information:
- Kelly told CBS Mornings that Hegseth’s move to demote him and cut his retirement pay "is about stifling people's speech" and that "this administration doesn't like what I say."
- Kelly said on air that President Trump reacted to his video by saying he should be "hanged, executed, prosecuted," citing Trump’s social‑media posts labeling his actions "seditious behavior" punishable by death and reposting "HANG THEM, GEORGE WASHINGTON WOULD!"
- Kelly framed Hegseth’s stated plan to prosecute him under the Uniform Code of Military Justice as "nonsense," arguing that urging refusal of illegal orders is itself language found in the UCMJ.
January 05, 2026
5:10 PM
Sen. Mark Kelly fires back after Hegseth threatens his rank and retirement pay
New information:
- NPR provides Kelly’s first detailed, on‑the‑record response, including a long statement defending his rank as earned "through my service and sacrifice" and citing his combat and astronaut service and his wife Gabby Giffords’ shooting recovery.
- Kelly explicitly accuses Hegseth and President Trump of trying to send a message that any retired servicemember who says something they dislike will be targeted, calling that "outrageous" and "un‑American."
- Kelly states he will "fight this with everything I've got" not just for himself but to assert that Trump and Hegseth "don't get to decide what Americans in this country get to say about their government."
- Article reiterates that Kelly’s 25‑year Navy career and retired‑with‑benefits status make him subject to the Uniform Code of Military Justice and notes the Pentagon investigation into his conduct began in November.
4:19 PM
Hegseth moves to demote Sen. Mark Kelly, cut pension over illegal orders video
New information:
- CBS details that Hegseth has formally issued a Letter of Censure to Mark Kelly and that it will be placed in Kelly’s permanent military personnel file.
- The Pentagon has initiated 'retirement grade determination proceedings' that could reduce Kelly’s retired grade and correspondingly cut his retired pay, with a 30-day window for Kelly to respond and a 45-day deadline to complete the process.
- Hegseth publicly labels the video 'seditious' and 'clearly intended to undermine good order and military discipline,' emphasizing that Kelly remains accountable to military justice as a retired officer receiving a pension.
- The article specifies the full group of six Democratic lawmakers in the November video — Elissa Slotkin, Jason Crow, Chris Deluzio, Chrissy Houlahan, and Maggie Goodlander alongside Kelly — and notes their message urging service members and intelligence personnel to refuse 'illegal orders' citing constitutional threats.
- It reiterates that in November the Pentagon said it was reviewing misconduct allegations to consider whether Kelly should be recalled to active duty for possible court-martial.
3:38 PM
Hegseth goes after Mark Kelly's rank over "seditious" video
New information:
- Hegseth publicly states that Kelly’s conduct was 'seditious in nature' and 'clearly intended to undermine good order and military discipline.'
- The Defense Department (referred to as the Department of War) has initiated an administrative 'retired grade' review of Kelly’s status as a Navy captain, which could reduce his retirement rank and pension.
- Hegseth specifies that the review covers Kelly’s 'public statements from June through December 2025' in which he allegedly characterized lawful operations as illegal and counseled troops to refuse 'lawful orders.'
- The Pentagon’s process gives Kelly 30 days to respond, with a retirement-grade determination to be completed within 45 days.
- Hegseth asserts Kelly remains subject to the UCMJ as a retired officer receiving pay and cites Articles 133 and 134 as the basis for saying his conduct violated military law.
3:17 PM
Hegseth issues letter of censure to Sen. Kelly after warning about following illegal orders
New information:
- Confirms that Defense Secretary Pete Hegseth has now formally issued the letter of censure to Sen. Mark Kelly, not just announced plans to do so.
- Specifies that Hegseth calls the censure 'a necessary process step' toward possible demotion from Kelly’s retired Navy captain rank.
- Details the 90‑second November video posted from Sen. Elissa Slotkin’s X account, naming all six lawmakers involved and their message urging troops to defy 'illegal orders.'
- Reports that President Trump publicly accused the lawmakers of 'sedition "punishable by DEATH"' in response to the video.
- Notes that Kelly and some other Democrats have used Trump’s reaction in fundraising appeals to bolster their campaign coffers and national profiles.