Fallout from ‘illegal orders’ video escalates battle with Democrats over US patriotism

A video released last week by six Democratic lawmakers sparked an acrimonious partisan debate over what constitutes treason and reflects a broader political debate over what constitutes patriotism in today’s polarized political environment.

In the 90-second video, the six Democrats, all from military or national security backgrounds, criticized Trump and reminded service members that they have the right — even the obligation — to disobey “unlawful orders.”

Although they did not detail the orders they had in mind, they would likely refer to the deployment of National Guard troops to U.S. cities and U.S. Navy raids against suspected drug traffickers in the Caribbean.

“This administration pits our uniformed military and intelligence professionals against American citizens,” they said.

You took an oath to defend the U.S. Constitution, they reminded their military listeners, and “threats to our Constitution come not just from abroad, but right here at home.”

In some ways, the rhetoric doesn’t differ too much from that used by the president himself, who has warned, including in speeches to military audiences, that America faces an “enemy within.”

Trump’s response to the video, however, was quick and to the point.

He called it “seditious behavior, punishable by death” and said Democratic lawmakers should be arrested and tried. He also shared posts on Truth Social that echoed these calls, including one recommending that all six be hanged.

White House press secretary Karoline Leavitt quickly downplayed Trump’s comments, saying he was not suggesting public executions. But this week, the consequences the administration could pursue are taking shape.

On Monday morning, Defense Secretary Pete Hegseth confirmed that the Pentagon was investigating whether Arizona Sen. Mark Kelly, one of the six, violated military law by participating in the video.

The retired Navy captain, combat pilot and astronaut could theoretically be recalled to active duty to face court-martial or administrative action.

A Pentagon statement noted that the Uniform Code of Military Justice prohibits harming “the loyalty, morale, or good order and discipline of the armed forces.”

A Pentagon attempt to recall and prosecute Kelly would be “dead on arrival” when presented to a military judge, according to Rachel VanLandingham, a former Air Force lawyer who now teaches at Southwestern Law School.

“There has never been a sitting member, congressman or woman, who has ever been involuntarily recalled to active duty,” she said. “It just doesn’t happen.”

She added that the real goal is the spectacle of the Department of Defense’s efforts – the “campaign of intimidation.”

Kelly isn’t the only one under the government’s investigative microscope. On Tuesday, Reuters reported that the FBI plans to interview all participating Democrats to determine whether there is evidence of “wrongdoing.”

Separately, a CIA spokesperson said that Sen. Elise Slotkin of Michigan, who also participated in the video, had “joined the ranks of disgraced former intelligence officers” who advanced “a malicious and spurious political agenda.”

Even if this is a “spectacle,” as VanLandingham suggests, it indicates a new and growing clash between Republicans and Democrats when it comes to patriotism and which side embodies it best.

Trump has long embraced the flag — literally, at times — and has been a staunch defender of American exceptionalism. He held rallies in front of American soldiers and celebrated displays of military power. Lee Greenwood’s ballad Proud to be an American has for years been the president’s favorite entrance music at rallies and other public events.

Many on the left are more wary of such public displays, often tacitly sharing an old Samuel Johnson quote that patriotism is “the last refuge of a scoundrel.”

A June 2025 Gallup poll found that a record number of Democrats, 36%, said they were “extremely” or “very” proud to be Americans, compared to 92% of Republicans.

Some political campaigns, like those of Kamala Harris last year and Hillary Clinton in 2016, have attempted to reclaim patriotism as an attribute of the Democratic Party.

“We love our country,” Harris said at a rally in Philadelphia last August. “And I believe that fighting for the ideals of our country is the highest form of patriotism.”

However, the next presidential election is nearly three years away, and Democrats — whether out of strategy or an instinct for political self-preservation in the face of Trump’s attacks — have taken up a similar theme.

Kelly, in response to news of the Pentagon investigation, said: “I don’t think there’s anything more patriotic than defending the Constitution.” »

Recent anti-Trump protests, like last month’s No Kings Day, have framed their objections with flag-waving American pride. And Democratic leaders have sought to recruit military veterans for public office, including more than 30 potential House candidates, according to a recent New York Times report.

It’s too early to tell whether their efforts will result in electoral success or the rehabilitation of a Democratic brand marked by internal divisions following last year’s presidential defeat.

But patriotism can be a powerful force in American politics. And, at least for now, the six lawmakers who have drawn targeted ire — and investigative spotlight — from Trump and his administration appear uninterested in backing down in this fight.

As Senator Ruben Gallego of Arizona bluntly said this week, as Trump intensified his attacks on Democrats.

“[Expletive] you and your investigation,” he wrote on

Additional reporting by Max Matza