WASHINGTON — President Trump on Thursday said he believed Democratic lawmakers who publicly urged active service members to “refuse illegal orders” amounted to seditious behavior, which he said should be punishable by death.
“It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand — We won’t have a Country anymore!!! An example MUST BE SET,” Trump said in a social media post.
Trump went on to amplify more than a dozen social media posts from other people, who in reaction to Trump’s post called for the Democrats to be arrested, charged and in one instance hanged. Trump then continued: “SEDITIOUS BEHAVIOR, punishable by DEATH!”
The president’s remarks were in reaction to a joint video released by six Democrat lawmakers in which they urged military and intelligence personnel to “refuse illegal orders.”
The Democratic lawmakers who released the video — Arizona Sen. Mark Kelly, Michigan Sen. Alyssa Slotkin, Pennsylvania Rep. Chris Deluzio, New Hampshire Rep. Maggie Goodlander, Pennsylvania Rep. Chrissy Houlahan and Colorado Rep. Jason Crow — served in the military or as intelligence officers.
They did not specify which orders they were referring to. But they said the Trump administration was “pitting our uniformed military and intelligence community professional against American citizens” and that threats to the Constitution were coming “from right here at home.”
The video, which was posted on Tuesday, quickly drew criticism from Republicans, including Defense Secretary Pete Hegseth who characterized it as “Stage 4 [Trump Derangement Syndrome].” But Trump, who first reacted to the video on Thursday, saw the video as more than partisan speech.
“SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???” Trump said in another post.
When asked Thursday if the president wanted to execute members of Congress, as suggested in one of his social media posts, White House press secretary Karoline Leavitt said “no.”
But, Leavitt said, the president does want to see them be “held accountable.”
“That is a very, very dangerous message and it is perhaps punishable by law,” Leavitt said. “I’ll leave that to the Department of justice and the Department of War to decide.”
What the law says
Under a federal law known as “seditious conspiracy,” it is a crime for two or more individuals to “conspire to overthrow, put down, or to destroy by force the Government of the United States” or to “prevent, hinder or delay the execution of any law of the United States” by force.
A seditious conspiracy charge is punishable by up to 20 years in prison.
Federal courts and legal scholars have long emphasized that seditious conspiracy charges apply only to coordinated efforts to use force against the government, rather than political dissent.
The last time federal prosecutors pursued seditious conspiracy charges was in connection with the Jan. 6, 2021, attack on the U.S. Capitol. Members of the Proud Boys and Oath Keepers were convicted of seditious conspiracy and other charges for plotting to prevent by force the transfer of presidential power to Joe Biden.
Among the convicted individuals was former Proud Boys leader Enrique Tarrio, whose 22-year sentence was the stiffest of any of the Jan. 6 rioters. Trump pardoned him earlier this year.
Democrats react to Trump’s comments
Hours after the president’s posts, the six Democratic lawmakers issued a joint statement, calling on Americans to “unite and condemn the President’s calls for our murder and political violence.”
“What’s most telling is that the President considers it punishable by death for us to restate the law,” the lawmakers said in a statement posted to X. “Our service members should know that we have their backs as they fulfill their oath to the Constitution and obligation to follow only lawful orders.”
Democratic leaders in Washington and across the country denounced Trump’s post.
House Minority Leader Hakeem Jeffries (D-N.Y.) said in a statement with other Democratic leaders that Trump’s comments were “disgusting and dangerous death threats against members of Congress.” They added that they had been in contact with U.S. Capitol Police to ensure the safety of the Democrat lawmakers and their families.
California Gov. Gavin Newsom reacted to the posts by saying Trump “is sick in the head” for calling for the death of Democratic lawmakers.
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