The Trump administration has been unsuccessful in securing indictments against six Democratic lawmakers, despite the former president’s accusations of seditious conduct. These allegations arose after the politicians encouraged military personnel to refuse what they termed ‘illegal orders.’

Referred to as the ‘seditious six’ by conservative critics, these Democratic figures have expressed their refusal to cooperate with the Department of Justice’s investigation into the matter.

The US Attorney’s Office for the District of Columbia, led by Trump appointee and ex-Fox News host Jeanine Pirro, sought the indictment. This office operates under the oversight of Attorney General Pam Bondi.

Sources informed NBC News that the attorneys handling the case are political appointees rather than seasoned DOJ prosecutors.

The dispute began in November 2025, following the release of a video by the six Democrats. The group includes Senators Mark Kelly of Arizona and Elissa Slotkin of Michigan, along with Representatives Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan of Pennsylvania. In the video, they urged soldiers to disobey unlawful directives.

All of the Democrats featured in the video have backgrounds in the US military or intelligence services before their congressional careers. In their message, they assert, “Our laws are clear. You can refuse illegal orders.”

Their stunt so enraged the president that Trump wrote on social media at the time: ‘SEDITIOUS BEHAVIOR, punishable by DEATH!’ 

‘HANG THEM GEORGE WASHINGTON WOULD !!’ Trump posted. 

The video enraged Trump, the commander-in-chief of all the US’s military forces, who indicated that the Democrats should be hanged for their comments 

Mark Kelly of Arizona, a 25-year Navy combat pilot and former astronaut, recalled his military experiences as he reacted to Trump’s threats 

Six Democrats – including Elissa Slotkin (pictured center left), Jason Crow (pictured center) and Chrissy Houlihan (pictured right) – are receiving round-the-clock protection from Capitol Police after Donald Trump accused them of ‘seditious behavior’ that should be ‘punishable by DEATH’

‘If these f***ers think that they’re going to intimidate us and threaten and bully me in the silence, and they’re going to go after political opponents and get us to back down, they have another thing coming,’ Congressman Crow said. ‘The tide is turning.’

Houlahan added: ‘It’s a vindication for the Constitution.’

Shortly after Trump’s comments on social media, the Democratic lawmakers were offered enhanced security from Capitol Police.

‘Capitol Police came to us and said, “We’re gonna put you on 24/7 security.” We’ve got law enforcement out in front of my house. I mean, it changes things immediately,’ Slotkin said in mid-November.  

Secretary of War Pete Hegseth has since sought to strip Senator Kelly of his military rank and pay, though that process is still ongoing. 

‘It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime — all because of something I said that they didn’t like,’ Kelly said on Tuesday evening after the failed indictment. 

‘That’s not the way things work in America. Donald Trump wants every American to be too scared to speak out against him. The most patriotic thing any of us can do is not back down.’

Under the Speech or Debate clause in Article 1 of the Constitution, lawmakers have broad protections for their remarks relating to the ‘legislative sphere,’ meaning it would be difficult for the executive branch and the DOJ to charge them for the video. 

Representatives Chris DeLuzio (pictured left) of Pennsylvania and Maggie Goodlander (pictured right) of New Hampshire also stood behind the video

Legal experts have said that prosecuting lawmakers for political speech would infringe on their rights. 

The DOJ’s failure to indict the Democrats underscores a failed attempt to target Trump’s perceived opponents. 

Still, the Uniform Code of Military Justice states that service members must obey lawful orders, though they are allowed to refuse those that are illegal.  

‘But today wasn’t just an embarrassing day for the Administration. It was another sad day for our country,” Slotkin posted on X after the failed indictment. 

‘Because whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies. It’s the kind of thing you see in a foreign country, not in the United States we know and love.’