By Mark M. Bello

Donald Trump is now deploying his Defense Secretary, the FBI, and the Department of Justice against six Democratic Members of Congress who produced a short video reminding military service members that they must refuse unlawful orders.

The problem? The “Seditious Six” said nothing even close to reaching a level of “sedition.” Aside from 1st Amendment protections, their words are almost a literal quote. From where, you ask?

U.S. military law!

Trump (as usual) has bastardized the law to “criminalize” speech he dislikes. And, it should be obvious to anyone reading this that the only person in this saga with a track record of seditious behavior is Trump.

First, though, a legal foundation:

The video in question restates a simple principle that’s drilled into every service member from day one:

An order is unlawful if it violates the Constitution, federal law, the UCMJ, or the Law of Armed Conflict — and military personnel are duty-bound to refuse it.

This isn’t fringe or insubordinate. It is straight out of military justice doctrine:

Manual for Courts-Martial: “A servicemember must obey lawful orders, but has a duty to disobey patently unlawful ones.” Under Nuremberg Principle IV, following orders does not excuse war crimes. Thus, to call the reaffirmation of that principle “sedition” is to call U.S. military law seditious. The only person here encouraging the military to ignore the Constitution is (you guessed it) Trump.

The Legal Standard for Sedition (and Why Trump Has Zero Case)

Trump claims the video amounts to a “death penalty” offense.

That’s nonsense.

18 U.S.C. § 2384 – Seditious Conspiracy requires:

1. Two or more persons
2. Conspiring
3. To overthrow the U.S. government by force
4. Or to prevent federal law from being executed
5. Or to seize federal property, etc.

The “Seditious Six” did none of this.

They didn’t call for violence or tell the military to stage a coup. They didn’t call for defiance of legal authority. They simply and professionally reminded servicemembers of their duty to follow the Constitution and not the ramblings of one vengeful, mean-spirited man. That speech is protected under the 1st Amendment and consistent with the language of the code of military ethics.

Bottom line? Trump’s legal claim is not merely weak. It’s fabricated.

Trump, Bondi, and Hegseth: A Masterclass in Projection

While Trump screams “sedition,” let’s examine the track records of the people making these accusations:

Trump – The Only One Here Who Actually Tried to Overthrow the Government:

• Pressured DOJ officials to falsify election reports
• Leaned on state officials to “find” non-existent votes
• Summoned a mob to DC
• Directed them to march on Congress
• Sat watching television while the Capitol was under attack
• Considered deploying the military to keep himself in power
• Openly discussed invoking the Insurrection Act under false pretenses

It is obscene for him to invoke sedition laws.

Bondi – The Propagandist

Bondi has:

• Promoted false election-fraud narratives
• Used her platform to defend Trump’s efforts to overturn the election
• Used her political influence to muddy the waters of January 6
• Attacked prosecutors who brought lawful sedition charges against actual insurrectionists

Now she claims Congress is “encouraging a military coup”? She must leave politics immediately and try Broadway or another of the performing arts.

Hegseth – The Military-Masquerading Mouthpiece

Hegseth, who loves to wrap himself in military symbolism, has:

• Dismissed the gravity of Jan. 6
• Defended Trump’s abuse of the military chain of command
• Mocked military leaders who uphold their constitutional duties
• Promoted the idea that the Commander-in-Chief is above the law

He routinely undermines the non-political foundation of the U.S. military — and then dares accuse actual lawmakers of “sedition.”

Why Trump’s Charges Are Legally Absurd — and Politically Dangerous

Trump’s weaponization of military and federal law enforcement to target political opponents is a flashing red warning sign.

Calling constitutionally protected speech “sedition” is:

• Legally baseless
• Constitutionally dangerous
• Historically authoritarian

This is what autocrats do:

Declare political opposition a crime

Misuse the military

Control law enforcement

Twist patriotism into loyalty to a leader

Criminalize dissent

The “Seditious Six” are not the problem. Trump’s authoritarian impulse is.

The Real Sedition Test

Let’s compare the scenarios:

The “Seditious Six”:

Cited established military law
Encouraged loyalty to the Constitution
Exercised core First Amendment political speech
Encouraged the military to uphold its oath

Trump, Bondi, and Hegseth:

Attempted to overturn an election
Encouraged violence against Congress
Pressured the military to follow unlawful directives
Undermined the rule of law
Continue to attack the legitimacy of democratic institutions

Only one side here is aligned with democratic values. Only one has tried to overthrow the government. And only one poses a present and ongoing danger to constitutional governance.

Hint: it’s not the six members of Congress.

The Bottom Line

Trump’s accusations are not legal analyses. They are a psychological projection. The only “sedition” in this story occurred on January 6, 2021—and Trump, Bondi, and Hegseth were on the sidelines, cheering, excusing, or covering for it.

The video made by the “Seditious Six” is not a crime. It’s a warning — one the country desperately needs:

The military does not swear an oath to Donald Trump.
It swears an oath to the Constitution of the United States.

If Trump fears that principle, the problem is not the video.

The problem is Trump.

Mark M. Bello is an attorney and author of 9 Zachary Blake Legal Thrillers and other legal themed novels and children’s books. For more information, please visit https://www.markmbello.com

Bob Gatty Author, Podcaster, Blogger

For many years, Bob Gatty worked as a writer, editor, and communications consultant, based on the Washington, DC area with a focus on government and politics. He began at The Pittsburgh Courier, an African American weekly, covering crime and the courts. His salary was $55 per week before moving on to two local Pennsylvania dailies. At age 24, he began reporting for United Press International covering state politics in Pennsylvania and then New Jersey, where he was UPI’s state capitol bureau in Trenton.

Tempted by the allure of Washington, DC and big-time politics, at age 29 Bob became press secretary and chief of staff for two Congressmen – first Republican Edwin B. Forsythe, and then Democrat James J. Florio, who later became governor of New Jersey and until his recent death was a frequent podcast guest and co-host of Bob’s NFN Radio News podcast (now called Lean to the Left).

After seven years on Capitol Hill, Bob opened a communications business in Washington, first providing political media consulting to candidates and then freelance Washington coverage for business and trade magazines, plus creative communications services for trade and professional associations, including social media. This work involved articles and analyses of key governmental developments affecting businesses, such as the food and Health industries, retailing, and the environment.

His work as a communications consultant to trade and professional associations included launching and editing association publications, providing website content and social media assistance, and covering conferences and conventions.

Bob retired from G-Net Strategic Communications in 2016 and moved to Myrtle Beach, SC, where he launched his blog site, first called Not Fake News, now known as Lean to the Left.

Hijacked Nation
In August, 2020, Bob and co-author Chris Waldron, one of Lean to the Left's most loyal and prolific contributor, published "Hijacked Nation-Donald Trump's Attack on America's Greatness," a two-volume compilation of blogs regarding Trump's presidency and the consequences for our nation. A followup volume was published by Luna Global Media in September 2024. It is available at https://amzn.to/4ePrTF7 .

In all three volumes, blogs from Not Fake News and Lean to the Left create a virtual play-by-play of key actions of the Trump administration and Congress. For more information, please visit https://leantotheleft.net/books/, and visit Bob's Author's Page on Amazon, https://www.amazon.com/stores/Bob-Gatty/author/B08C7HWXZ5?ref=ap_rdr&isDramIntegrated=true&shoppingPortalEnabled=true&ccs_id=4e603563-7251-4074-b54d-40800c4ce40a.

The Lean to the Left Podcast
The Lean to the Left podcast provides commentary and interviews with newsmakers and others with interesting stories to tell. Video and audio podcasts stream twice weekly on major channels. More info at https://podcast.leantotheleft.net.

The Lean to the Left YouTube Channel
You'll find all of the audio tracks for the Lean to the Left Podcast here plus original videos, including complete video versions of each podcast.
https://www.youtube.com/@LeantotheLeft.