Trump: Military courts may investigate Democrats' video he called "punishable by death"
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President Trump (C) and Defense Secretary Pete Hegseth (R) at the White House on Oct. 9, 2025. Photo: Roberto Schmidt/Getty Images.
President Trump suggested in an interview aired Friday that the Department of Defense is investigating the six Democratic Congressional veterans who released a video this week urging service members to reject unlawful orders.
Why it matters: The threat of an investigation into the message is highly unusual and escalates the president's trend of policing Americans' protected free speech when it's critical of him or his allies.
- In the video, the veterans — Sens. Elissa Slotkin (D-Mich.) and Mark Kelly (D-Ariz.) and Reps. Jason Crow (D-Colo.), Maggie Goodlander (D-N.H.), Chris Deluzio (D-Pa.), and Chrissy Houlahan (D-Pa.) — told the military and intelligence communities that "no one has to carry out orders that violate the law or our Constitution."
- Trump reacted to the video on Truth Social Thursday, including in a post where he wrote: "SEDITIOUS BEHAVIOR, punishable by DEATH," prompting a firestorm response from Democratic leaders in Congress and a long-shot U.S. Capitol Police probe over the messages.
What they're saying: Trump said during Friday's appearance on "The Brian Kilmeade Show" that the six lawmakers were in "serious trouble. I'm not threatening death, but I think they're in serious trouble. In the old days, it was death."
- "I think [Secretary of Defense] Pete Hegseth is looking into it," he said, and later added: "I know they're looking into it militarily. I don't know for a fact, but I think the military is looking into it, the military courts."
- The Pentagon referred Axios to the White House for comment, which referred Axios to the president's comments.
Worthy of your time: Deputy Attorney General Todd Blanche laid out the case for why the lawmakers could be investigated on Fox News Thursday, but declined to answer directly if the Justice Department is actively investigating, as is protocol.
- The department told Axios they have "no comment" beyond Blanche's remarks.
Yes, but: Members of the military "have the right, and in some cases have the duty, to refuse illegal orders," according to the National Lawyers Guild Military Law Task Force.
Zoom in: Members of the armed forces are subject to both civilian laws and courts as well as the military justice system.
- Active duty members are always subject to the Uniform Code of Military Justice. But how the UCMJ applies to veterans is complicated and depends on how they retired from active service.
Out of the six lawmakers, only Sen. Slotkin's office responded to Axios' request for comment. They referred us to Slotkin's Thursday evening post on X.
Go deeper: Scoop: Democrat seeks police probe into Trump over "threatening" posts
