FBI Probes Democratic Lawmakers Over "Unlawful Orders" Video: Trump Administration Accused of Silencing Dissent

FBI Probes Democratic Lawmakers Over "Unlawful Orders" Video

The Federal Bureau of Investigation (FBI) has initiated inquiries into six Democratic members of the United States Congress, requesting interviews regarding a video message they released. In this message, the lawmakers informed military personnel that they possess the legal right to decline unlawful orders. This development, confirmed by a Justice Department official to Reuters on Tuesday, comes amidst heightened political tensions.

Pentagon Threats and Presidential Accusations

Senator Mark Kelly of Arizona, a Navy veteran and one of the six implicated lawmakers, was prominently featured in a photograph accompanying the original report, taken in Sierra Vista. The Pentagon had previously issued a threat on Monday, suggesting Kelly could be recalled to active duty and potentially face military charges. Secretary of War Pete Hegseth characterized the lawmakers' actions as "seditious" on social media, amplifying the controversy.

President Donald Trump further escalated the situation, accusing the six Democrats of sedition and asserting via social media that such a crime is punishable by death. Critics view these actions as part of a broader pattern where the Trump administration allegedly leverages governmental power to suppress political opposition.

FBI's Role and Lawmakers' Defense

A Justice Department official, who preferred anonymity, clarified that the FBI's interviews aim to "determine if there's any wrongdoing, and then go from there." The FBI is currently led by Kash Patel, an appointee of President Trump. In a memo released Tuesday, Secretary Hegseth formally referred Senator Kelly to the Secretary of the Navy, citing "potentially unlawful comments" made in the video, and requested a review outcome by December 10.

Responding to the probe, the Democrats collectively decried the FBI's involvement as an attempt by the Trump administration to intimidate them. US Senator Elissa Slotkin of Michigan, a former CIA officer and another signatory to the video, stated on X: "The President directing the FBI to target us is exactly why we made this video in the first place. This is not the America I know, and I'm not going to let this next step from the FBI stop me from speaking up for my country and our Constitution."

Legality and Concerns

The lawmakers maintain that their video accurately reflects US law. American military members swear an oath to the US Constitution, not to the President, and are bound by military regulations to obey "any lawful general order or regulation." Other Democratic Representatives featured in the video include Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan, all of whom are military veterans. In a joint statement, the four House Democrats condemned Trump's alleged weaponization of the FBI against Congress and pledged not to be silenced. Senator Kelly did not provide a comment when requested.

The video did not specify any particular illegal orders. However, many Democrats, and some US military commanders privately, have voiced concerns regarding the Trump administration's alleged violations of law. These concerns include ordering strikes on vessels in Latin American waters believed to be carrying drug traffickers, an action the Pentagon defends by classifying drug smugglers as terrorists. Democrats have also questioned the legality of Trump's deployment of military forces within American cities.

"Sedition" Under US Law

The administration's tenure has been marked by accusations of shattering democratic norms, particularly through the use of law enforcement against perceived adversaries. While criminal charges were recently brought against three prominent critics of the president, a judge dismissed two of those cases on Monday.

Under US law, sedition is not a charge applicable to civilians. However, "seditious conspiracy" carries a maximum penalty of 20 years. Several leaders of the January 6, 2021, attack on the US Capitol by Trump supporters were convicted of this crime before receiving presidential pardons. For military personnel, the Uniform Code of Military Justice includes provisions for sedition, with potential penalties extending to death.