WASHINGTON (AP) — The Federal Bureau of Investigation (FBI) has contacted six Democratic lawmakers who appeared in a viral social media video urging U.S. service members to reject “illegal orders,” signaling the start of a potential federal inquiry.
The move comes just one day after the Pentagon launched a separate investigation into Democratic Senator Mark Kelly of Arizona for possible violations of military law.
Both developments follow President Donald Trump’s accusation that the lawmakers committed sedition, which he said is “punishable by DEATH” in a social media post — an escalation that has drawn criticism for pulling federal law enforcement and the military into a highly partisan dispute.
In the video, the lawmakers had urged U.S. troops to disobey any unlawful orders, emphasizing a principle already codified in U.S. military law.
Lawmakers Denounce “Intimidation Tactics”
A group of four Democratic House members said in a joint statement on Tuesday, November 25, 2025:
“President Trump is using the FBI as a tool to intimidate and harass Members of Congress. Yesterday, the FBI contacted the House and Senate Sergeants at Arms requesting interviews.”
Michigan Senator Elissa Slotkin, one of the six lawmakers featured in the video, confirmed that she received notice of the inquiry.
“Last night the counterterrorism division at the FBI sent a note to the members of Congress, saying they are opening what appears to be an inquiry against the six of us,” Slotkin said, calling the move a “scare tactic by” Trump.
“Whether you agree with the video or don’t agree with the video, the question to me is: is this the appropriate response for a president of the United States to go after and seek to weaponize the federal government against those he disagrees with?”
The lawmakers said in their statement that “no amount of intimidation or harassment will ever stop us from doing our jobs and honoring our Constitution.”
All six members involved in the video are former military officers or intelligence officials, and they maintain that their message was aimed at defending democratic principles and the rule of law.
Bipartisan Criticism of the Investigations
Republican Senator Lisa Murkowski of Alaska sharply criticized both the FBI and Pentagon actions, calling the probes politically motivated.
“It is reckless and flat out wrong to accuse the lawmakers of treason and sedition for rightfully pointing out that servicemembers can refuse illegal orders,” Murkowski said.
“The Department of Defense and FBI surely have more important priorities than this frivolous investigation.”
The FBI, which sought interviews through the House and Senate Sergeants at Arms, did not disclose the legal basis for its inquiry. Lawmakers said they had received no further details.
The bureau declined to comment publicly, but FBI Director Kash Patel described the matter as an “ongoing investigation”, adding that future actions would depend on whether “there is a lawful predicate to open up an inquiry and investigation.”
Background and Legal Context
In the disputed video, Senator Kelly — a retired Navy captain and former fighter pilot — addressed service members directly, saying:
“You can refuse illegal orders.”
The Pentagon later confirmed that Defense Secretary Pete Hegseth had referred the case to the U.S. Navy and requested a briefing by December 10 on the findings.
Senator Slotkin later referenced several alleged instances from the Trump administration’s first term — including orders to destroy suspected drug-smuggling boats in the Caribbean and attempts to deploy National Guard troops to U.S. cities despite legal barriers — as examples of why the lawmakers felt compelled to produce the video.
Under U.S. military law, troops are not only permitted but obligated to disobey unlawful orders. The principle was reinforced after World War II with the rejection of the so-called “Nuremberg defense,” which held that following orders is not an excuse for illegal acts.
