The FBI has contacted six Democratic lawmakers who appeared in a social media video urging US troops to defy “illegal orders”, signalling a potential federal inquiry into the matter. The move comes a day after the Pentagon launched a separate investigation into Democratic Senator Mark Kelly of Arizona for possible violations of military law.
The actions by both institutions follow President Donald Trump’s accusation that the lawmakers committed sedition, which he said is “punishable by DEATH” in a social media post. The developments mark an unusual escalation involving federal law enforcement and the military, both of which have historically avoided getting drawn into partisan disputes. The lawmakers in the video stated that service members should reject illegal orders, which they are already obligated to do under military law.
A group of four Democratic House members said in a statement on Tuesday: “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, said: “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.” She described the move as a “scare tactic by” Trump. Slotkin added: “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 group of House members 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 lawmakers involved have previously served in the military or intelligence community.
Republican Senator Lisa Murkowski of Alaska criticised the inquiries, saying it was “reckless and flat out wrong” to accuse the lawmakers “of treason and sedition for rightfully pointing out that servicemembers can refuse illegal orders.” She added: “The Department of Defense and FBI surely have more important priorities than this frivolous investigation.”
The FBI sought interviews through the House and Senate’s top security officials but did not provide details about the basis for the requests. The lawmakers said they had no further information. The FBI declined to comment, but Director Kash Patel described it as an “ongoing matter” and said decisions would depend on whether “there is a lawful predicate to open up an inquiry and investigation”.
In the video, lawmakers said troops must “stand up for our laws … our Constitution.” Kelly, a former fighter pilot and retired Navy captain, told service members that “you can refuse illegal orders.”
Following the Pentagon’s announcement of its review, Defence Secretary Pete Hegseth referred the case to the Navy and requested a briefing by 10 December.
Slotkin later referenced past Trump administration directives, including alleged orders to blow up small boats suspected of smuggling drugs in the Caribbean and Pacific, and repeated attempts to deploy National Guard troops to US cities despite legal challenges. She said concerns from service members drove the decision to create the video.
Troops are obligated to reject unlawful orders, and legal precedent has long held that obedience is not a defence for illegal actions, a principle reinforced by the rejection of the “Nuremberg defence” after the Second World War.
Faridah Abdulkadiri
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