The six Democrats who urged U.S. service members to "refuse illegal orders" are threatening a legal battle with President Donald Trump over what they see as a "weaponization" of the Department of Justice (DOJ).
On Wednesday, four House Democrats — Reps. Jason Crow, D-Colo., Maggie Goodlander, D-N.H., Chrissy Houlahan, D-Pa., and Chris Deluzio, D-Pa. — hinted they had prepared for a case of their own after they escaped an indictment Tuesday evening.
"Yesterday, the Trump Department of Justice tried and failed to indict us on criminal charges based on a video that we filmed last year, simply reminding our fellow service members to follow the law and the Constitution," Crow said. "They failed, and they will always fail."
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"We are taking names," Crow said. "We are creating lists. My lawyers just sent a letter today to the Department of Justice, putting them on notice that there will be costs."
Crow did not expand on what kind of suit he would pursue.
The "seditious six," as Secretary of War Pete Hegseth coined for the group of military veteran Democrats, posted a video to social media in November 2025 urging service members to ignore commands that violated the Constitution.
"Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats coming to our Constitution aren’t just coming from abroad but from right here at home," they urged. "Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution."
In response, the Department of Justice launched a probe of the group, weighing whether their calls had amounted to sedition.
After those charges fell flat Tuesday, Democrats in the Senate who had also participated in the video similarly blasted the DOJ’s probe.
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"This is outrageous," said Sen. Mark Kelly, D-Ariz. "I want to be clear about something. This is not a good news story. This is a story about how Donald Trump and his cronies are trying to break our system in order to silence anyone who lawfully speaks out against them."
Sen. Elissa Slotkin, D-Mich., who also appeared in the video, echoed Kelly’s framing.
"The president has used our justice system to weaponize (it) against his perceived enemies," Slotkin said. "I think that we've come to a really sad moment in America, where the paradigm of leadership has become completely reversed in 2026. Instead of looking to our elected leaders, like the president, as setting an example, it is now up to individual citizens in their private capacity to uphold the values of democracy, free speech, liberty, justice."
When asked how he would distinguish between political prosecution and a good-faith effort to uphold the law, Crow pointed to past statements from the administration but declined to offer a litmus test for future cases.
"I've learned to take Donald Trump's words and to listen to him," Crow said. "He actually came right out and said what he thought about this, and said this is because he wants to silence political opposition. So let's actually just listen to what the man says."
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Trump has accused the six lawmakers of being "traitors" who engaged in "sedition at the highest level" and "should be in jail."
He even had suggested they should be executed over the video, although he later retracted that comment.
Crow declined to answer questions about when he would press his legal strategy and hinted that it might depend on what Trump does next.
"So that's actually a ball that's in the Trump administration's court," Crow said. "We've been very clear about our position and that it needs to stop. If it doesn't stop, then we'll take all necessary actions."
The Department of Justice did not immediately respond to a request for comment.
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