DOJ probing Dem senator for video warning military of unlawful orders

Sen. Elissa Slotkin (D-Mich.) on Capitol Hill in January 2025. (Photo: Andrew Harnik/Getty Images)

Sen. Elissa Slotkin (D-Mich.) announced that federal prosecutors are investigating her for spearheading a video last year reminding U.S. military and intelligence service members that they are obligated to refuse illegal orders from the president.

Slotkin told the New York Times Monday that officials working under Jeanine Pirro, the U.S. attorney for the District of Columbia and a staunch ally of President Donald Trump, requested an interview with the senator and her legal counsel in an email to the Senate’s sergeant-at-arms.

The request is the Trump administration’s latest attempt to punish the six Democratic lawmakers who participated in the video and represents an assault on protected political speech.

Department of Justice (DOJ) policy and guidelines generally prohibit investigations from being initiated solely on activities protected by the First Amendment, including protected speech. 

In the video, which was organized by Slotkin, the lawmakers reminded service members that they had sworn an oath to protect and defend the Constitution and that ignoring illegal orders is a fundamental principle of military law.

After they released the video, Trump expressed support for imprisoning and executing the lawmakers, all of whom are military veterans or former intelligence officers, for what he termed “seditious behavior” — a concept that does not exist under U.S. law.

In addition to Slotkin, Sen. Mark Kelly (D-Ariz.) is under investigation by the Pentagon at Defense Secretary Pete Hegseth’s direction. 

Earlier this week, Kelly sued Hegseth to head off the defense secretary’s attempt to reduce his retired Navy rank and pension, actions that Kelly said were taken to punish him for criticizing the administration and participating in the video.

Pirro’s office sought an interview with Slotkin shortly after it also served Federal Reserve Chair Jerome Powell with grand jury subpoenas in a clear effort to pressure the central bank to acquiesce to Trump’s demands and lower interest rates. 

The actions also come after Trump reportedly criticized a group of U.S. attorneys at a White House event last week for not moving fast enough to prosecute his political enemies, according to the Wall Street Journal

Pirro was in attendance at that event.