President Donald Trump accused a half dozen Democratic lawmakers of sedition for advising members of the military that they do not have to follow illegal orders, but legal experts told Newsweek that would not constitute sedition.
Trump wrote in a post to Truth Social on Thursday that those lawmakers engaged in "SEDITIOUS BEHAVIOR, punishable by DEATH!" He wrote, "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."
The remarks come at a time marked by heightened political violence, including the assassinations of Democratic lawmaker Melissa Hortman and conservative commentator Charlie Kirk. The remarks drew swift rebuke from critics, who accused the president of stoking violence against Democrats.
Trump's remarks were directed to a video released by Michigan Senator Elissa Slotkin, Arizona Senator Mark Kelly, Pennsylvania Representatives Chris Deluzio and Chrissy Houlahan, and New Hampshire Representative Maggie Goodlander, all of whom have military or intelligence backgrounds.
In the video, the Democrats urged service members to defy "illegal orders." It comes after some critics have questioned the legality of strikes on alleged drug smuggling vessels in the Caribbean and Pacific Ocean, as well as operations in the United States over immigration.
"This administration is pitting our uniformed military and intelligence community professionals against American citizens," the Democrats say in the video.
They continued, "Like us, you all swore an oath. To protect and defend this Constitution. Right now, the threats to our constitution aren't just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution."
The Uniform Code of Military Justice requires the military to obey lawful orders.
"Any person subject to this chapter who willfully disobeys a lawful command of that person's superior commissioned officer shall be punished-(1) if the offense is committed in time of war, by death or such other punishment as a court-martial may direct; and (2) if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct," the law states.
The Rules for Courts-Martial states that an order is lawful "unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it."
This means that illegal orders need not be followed.
However, there is some gray area in defining what exactly would constitute an illegal order, William C. Banks, a professor of law at Syracuse University, told Newsweek
"Debates occur around that question all the time. It's not cut and dry," he said. "In other words, if they have doubt about the lawfulness of the orders, they should seek the advice of lawyers inside their agency, whether it's the Army or the Navy or whatever it happens to be, all the way up the chain. If they get advice that it's unlawful, they don't have to obey it."
The military's "highest obligation" is to the U.S. Constitution, Michael McAuliffe, a former federal prosecutor and former elected state attorney, told Newsweek.
The obligation to refuse to obey an illegal order is found in the Uniform Code of Military.
"The military has legal advisers who, in theory, are available to each commanding officer when the issue of the legality of an order is asserted or needs resolution," McAuliffe said. "Ultimately, a military judge may determine whether an order is legal or not."
The law defines sedition as an attempt to overthrow the government.
"If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both," the law on sedition reads.
Sedition involves "inciting insurrection against lawful authority," Daniel Urman told Newsweek.
"As the members noted in their video, they are not calling for insurrection. Instead, they are reminding members of the armed services that they need not follow illegal orders. It might have been helpful for the members to have spelled out a few examples of illegal orders in their video," he said.
Trump describing their video as seditious is "transparently inaccurate and destructive," McAuliffe said.
"While the democratic lawmakers' video may possess an element of political statement in its presentation, the video nonetheless is both accurate and relevant given the current military operations to summarily kill suspected drug smugglers onthe high seas," he said.
Peter Zeidenberg, a former federal prosecutor, told Newsweek: "The statements made by the representatives were legally accurate; servicemen are not supposed to follow illegal orders. There is nothing improper,much less seditious, about that statement. The question I would ask the White House is whether they expect themilitary to obey an illegal order?"
Michael McAuliffe, a former federal prosecutor and former elected state attorney,told Newsweek: "The fact that the president publicly accuses elected members of a separate branch of governmentof sedition for making a correct statement of law simply makes the video more justified, not less. And to beclear, the members' statements contained in the video are wholly legal even if motivated in part by politics inaddition to need."
The Democrats who released the video responded to Trump in a statement: "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 our backs as they fulfill their oath to the Constitution and obligation to follow only lawful orders. It is not only the right thing to do but also our duty."
House Speaker Mike Johnson, a Louisiana Republican,told CNN's Manu Raju: "I know the [Department of Justice] and the Pentagon are looking into the legality of allof that. But what I can address is what everybody knows -- that was wildly inappropriate. It is very dangerous.You have leading members of Congress telling troops to disobey orders. I think that's unprecedented in Americanhistory."
Daniel Urman,a professor of law at Northeastern University,told Newsweek: "Under the Uniformed Code of MilitaryJustice,military personnel are only required to follow lawful orders.If an order is clearly unlawful(violatesU.S.Constitution,U.S.laws,military regulations,directs service member commit crime even unethical act),mustrefuse.Examples include torture,intentionally killing civilians.The lawmakers are right service member requiredrefuse commit crime."
White House press secretary Karoline Leavitt responded "no" when asked by a reporter in a Thursday pressconference whether the president wanted to execute the members of Congress.