Rep. Maggie Goodlander, D-N.H., is under investigation from the Department of Justice after appearing in a video that urged military personnel to “refuse illegal orders.” Goodlander appeared in the video alongside five other Democratic members of Congress who have all previously served in the military or intelligence community.
The video, published on social media last November, was released amidst the deployment of the National Guard to American cities and military strikes on boats in the Pacific and Caribbean Oceans. In the video, the legislators said that “this administration is pitting our uniformed military and intelligence community professionals against American citizens,” and that the “threats to our Constitution aren’t just coming from abroad, but from right here at home.”
Four of the five other legislators in the video — Rep. Chris Deluzio, D-Pa., Rep. Chrissy Houlahan, D-Pa., Sen. Elissa Slotkin, D-Mich. and Rep. Jason Crow, D-Colo. — have said they are also under investigation for the video. In early January, Defense Secretary Pete Hegseth announced plans to censure and demote Sen. Mark Kelly, D-Ariz., for his participation in the video, which prompted Kelly to file a lawsuit against Hegseth and the Pentagon on Jan. 12.
In late November, President Donald Trump accused the Democratic lawmakers of committing treason for instructing military officials to disobey illegal orders. In a Truth Social post on Nov. 20, Trump characterized the video as “seditious behaviour, punishable by death.” According to U.S. code, treason is punishable by death.
Goodlander wrote in a statement to The Dartmouth that she is committed to her “oath to protect and defend” the United States and its constitution. Goodlander, who served as an intelligence officer in the United States Navy Reserve, wrote that she “love[s] our country,” and “love[s] our Constitution.”
“It is sad, telling and downright dangerous that simply stating an important and uncontroversial principle of American law caused the president, our commander in chief, to threaten violence against me and to weaponize the Department of Justice against me,” Goodlander wrote. “These threats are designed to intimidate and silence — but they will not work. No matter the threats, I took an oath to our Constitution, and I will always uphold it.”
New Hampshire state senate president Sharon Carson, R-Londonderry, wrote in a Nov. 19 press release that Goodlander’s actions were “offensive and dangerous.”
“Goodlander’s irresponsible actions have the potential to put our active duty troops in a real harm’s way,” Carson wrote. “Military units must act as a team, and even if one member of that team suddenly begins ignoring orders because they simply don’t like the current president, it puts everyone’s lives at risk.”
Carson also called for Goodlander’s resignation, referring to her conduct as incompatible with her oath to office.
“If Congresswoman Goodlander thinks it’s acceptable to tell service members to disregard orders, she absolutely has no business serving in Congress,” Carson wrote. “She should resign.”
Carson added that “at the very least” Goodlander should “apologize to every man and woman who has ever taken the oath she chose to trivialize.”
Government professor Sonu Bedi said that although the DOJ may rely on the federal crime of “seditious conspiracy,” as defined in the United States Manual for Courts-Martial, it is “difficult to see how the video committed a crime.”
“Seditious conspiracy requires that you [conspire] by force,” Bedi said. “We have the First Amendment — the idea that they are conspiring requires some kind of intentionality, and it’s very difficult to say that that’s what’s going on here.”
Bedi, however, said that he was unsure if the video was “productive,” noting that service members are already aware that they must not follow “patently illegal orders,” as outlined in the Manual for Courts-Martial.
“I’m not getting a sense of what the value of doing that, of making [the manual] clear,” Bedi said. “I think folks already know that.”
In a statement to The Dartmouth, Rep. Chris Pappas, D-N.H., wrote that the DOJ investigation is “outrageous and only serves to further divide the nation.”
“Representative Goodlander is a patriotic public servant who understands the Constitution and honors her oath of office every day,” the statement reads. “The rhetoric coming from President Trump, who openly called for the execution of these members of Congress, is just another example of this administration seeking to use the agencies of the executive branch for political purposes.”
