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FBI probes 6 Democrats who urged military to refuse 'illegal orders'

Joey Garrison, USA TODAY
Updated
3 min read

WASHINGTON ‒ The FBI has requested interviews with the six Democratic members of Congress who urged military members in a video to refuse "illegal orders," according to a source familiar with the requests.

The FBI probe comes after the Pentagon announced an investigation into alleged misconduct from one of the lawmakers, Sen. Mark Kelly of Arizona , that could include recalling the retired U.S. Navy captain to active duty for court-martial proceedings.

President Donald Trump has argued the six Democrats were "seditious" by telling service members in the video they have the right ‒ and even the obligation ‒ to refuse to carry out orders they believe are illegal.

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More: Mark Kelly says he 'won't be intimidated' by Trump, Pentagon investigation

President Donald Trump (C) speaks as (L-R) U.S. Interior Secretary Doug Burgum, U.S. Secretary of State Marco Rubio, U.S. Secretary of War Pete Hegseth, U.S. Commerce Secretary Howard Lutnick, U.S. Transportation Secretary Sean Duffy, U.S. Secretary of Homeland Security Markwayne Mullin and Administrator of the U.S. Small Business Administration Kelly Loeffler listen during a Cabinet meeting in the Cabinet Room of the White House on May 27, 2026 in Washington, DC. Trump meets with his Cabinet days after saying a peace deal with Iran was Òlargely negotiatedÓ amid expectations around the re-opening the Strait of Hormuz.
(Win McNamee, Getty Images)

Although the lawmakers did not specify which orders could be unlawful, Democrats have expressed concerns about the legality of Trump's  deployment of the National Guard  to American cities and his  extrajudicial strikes on boats  in the Caribbean allegedly carrying drugs.

A Justice Department official told Reuters the FBI interviews with the lawmakers were to determine "if there's any wrongdoing, and then go from there."

The FBI declined to comment.

The Federal Bureau of Investigation seal is seen at FBI headquarters in Washington, U.S. June 14, 2018. REUTERS/Yuri Gripas/File Photo
The Federal Bureau of Investigation seal is seen at FBI headquarters in Washington, U.S. June 14, 2018. REUTERS/Yuri Gripas/File Photo

It is unclear what, if any, charges could be brought against the six Democrats in Congress, who all either previously served in the military or intelligence community.

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"The President directing the FBI to target us is exactly why we made this video in the first place," Sen. Elissa Slotkin of Michigan, one of the six Democrats, said in a post on X . Slotkin, a former intelligence officer, said Trump "believes in weaponizing the federal government against his perceived enemies and does not believe laws apply to him or his Cabinet. He uses legal harassment as an intimidation tactic to scare people out of speaking up."

Federal law  defines a seditious conspiracy as an attempt to "overthrow, put down, or to destroy by force the Government of the United States ... or by force to prevent, hinder, or delay the execution of any law of the United States." The crime is punishable by a fine and up to 20 years in prison ‒ not death, as Trump has argued .

More: Trump says he's 'not threatening death' for six 'seditious' Democrats

Senator Elissa Slotkin (D-MI) speaks during a VoteVets town hall in Overland Park, Kansas, U.S., November 12, 2025.
Senator Elissa Slotkin (D-MI) speaks during a VoteVets town hall in Overland Park, Kansas, U.S., November 12, 2025.

Other Democrats in the video ‒ each targeted by the FBI ‒ are Pennsylvania Rep. Chris Deluzio, a former U.S. Navy officer; Pennsylvania Rep. Chrissy Houlahan, a former Air Force officer; New Hampshire Rep. Maggie Goodlander, a former intelligence officer; and Colorado Rep. Jason Crow, a former U.S. Army officer.

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The lawmakers have said their video accurately reflected federal law and military protocol. The four House Democrats in a joint statement accused Trump of using the FBI as a tool to intimidate members of Congress and vowed that they would not be silenced.

Kelly was defiant in an interview on MS NOW following the Pentagon's launch of its investigation. "I'm not going to be silenced. I'm not going to be intimidated," the senator said.

Contributing: Reuters

Reach Joey Garrison on X @joeygarrison.

This article originally appeared on USA TODAY: FBI probes 6 Democrats who urged military to refuse 'illegal orders'

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