Two Democratic senators President Donald Trump has accused of sedition “punishable by death” have established legal defense funds in anticipation of FBI and Defense Department investigations, according to Internal Revenue Service records and interviews with their offices.
Sen. Mark Kelly of Arizona formed the “Senator Mark Kelly Legal Defense Fund” in Phoenix on Friday, the records indicate. Roy Herrera, a political law attorney and founding partner of Herrera Arellano LLP, is listed as the fund’s custodian.
Sen. Elissa Slotkin, of Michigan, formed the “Senator Slotkin Legal Defense Fund” on Thursday in Washington, D.C., IRS records indicate. Steven Mele, a principal at MBA Consulting Group, a D.C.-based political compliance firm, is listed as the defense fund’s custodian.
Both senators appeared in a video last month, along with four other Democratic lawmakers, telling military and intelligence community members they should refuse “illegal” orders. All the lawmakers in the video are military veterans or former intelligence officials — and urged military members and federal intelligence personnel to uphold their oaths to defend the Constitution and comply with the Uniform Code of Military Justice.
Their legal defense funds state in their filings that they’re “Senate approved,” and both senators’ offices confirmed that they received prior approval from the Senate Ethics Committee — a prerequisite for forming such funds.
The FBI has opened an investigation into the lawmakers, several members of Congress have confirmed in recent days. The Defense Department has separately begun investigating Kelly, a retired Navy captain.
“Donald Trump is abusing his power and bringing the full weight of the executive branch to bear in an unconstitutional effort to intimidate Senator Kelly,” Kelly spokesman Jacob Peters said in a statement to NOTUS. “Senator Kelly is preparing to fight back, so that he can continue to stand up, speak out, and do his job for Arizona and the country.”
Slotkin spokesperson Sonja Thrasher told NOTUS that a legal defense fund allows the senator to “be prepared to fight back against any false and vindictive allegations.
“Since President Trump called for Senator Slotkin to be arrested, tried, and hanged on Nov. 20, he has attempted to weaponize federal law enforcement and America’s legal system against her, reportedly over the objections of career FBI personnel,” Thrasher said.
Existence of Slotkin’s fund was first reported by the Detroit News.
The other lawmakers who appeared in the video are Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire and Chrissy Houlahan of Pennsylvania.
“You can refuse illegal orders,” both Slotkin and Kelly state in the video, which infuriated Trump.
“No one has to carry out orders that violate the law,” Slotkin adds.
Trump responded on social media by deeming the lawmakers “traitors.”
“This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???”
In another post, Trump declared: “SEDITIOUS BEHAVIOR, punishable by DEATH!”
The president also shared another person’s social media post, which read: “HANG THEM GEORGE WASHINGTON WOULD !!”
Trump later told Fox News that he was “not threatening death” for the lawmakers, but that “I think they’re in serious trouble.”
Told of the legal defense funds, White House spokesperson Abigail Jackson said in a statement to NOTUS on Saturday night: “Despite their outlandish and dangerous claims, Democrats were unable to list any examples of unlawful orders when asked — because there have been none. It should deeply concern all Americans that elected Democrats are publicly urging the military to openly defy the chain-of-command and the commander-in-chief’s lawful orders to subvert the will of the American people.”
Slotkin and Kelly aren’t alone among Democratic senators creating legal funds to defend against Trump’s threats.
In August, Sen. Adam Schiff of California created his own fund after Trump asked the Department of Justice to investigate Schiff for previously leading an investigation into the president’s alleged connections with Russia.
Legal defense funds created on behalf of senators must abide by a series of disclosure and fundraising rules. For example, individual donors are capped at contributing $10,000 per person, and various people and entities — corporations, unions, lobbyists, foreign agents, Senate employees — are prohibited from contributing at all.
The funds must also file quarterly reports with the Senate Ethics Committee identifying donors who’ve given more than $25.
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