Democratic lawmakers who appeared in a social media video urging US troops to defy “illegal orders” say the FBI has contacted them to begin scheduling interviews, signaling a possible inquiry into the matter.
It would mark the second investigation tied to the video, coming a day after the Pentagon said it was reviewing Democratic Senator Mark Kelly of Arizona over potential violations of military law.
The FBI and Pentagon actions come after President Donald Trump accused the lawmakers of sedition and said it is “punishable by DEATH” in a social media post.
Together, the inquiries mark an extraordinary escalation for federal law enforcement and military institutions that traditionally steer clear of partisan clashes.
They also underscore the administration’s willingness to push legal limits against its critics, even when they are sitting members of Congress.
Lawmakers in the video urge troops to reject any illegal orders from their superiors, something they are already duty-bound to do.
“President Trump is using the FBI as a tool to intimidate and harass Members of Congress,” a group of four Democratic House members said in a statement on Tuesday.
“Yesterday, the FBI contacted the House and Senate Sergeants at Arms requesting interviews.”
Democrats call inquiry a ‘scare tactic’
Michigan Senator Elissa Slotkin, one of the six Democratic lawmakers in the video, told reporters Tuesday that “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 called it 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 weaponise the federal government against those he disagrees with?” Slotkin said.
The group of four Democratic 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 of the Democratic lawmakers in the video have served in the military or intelligence community.
Republican Senator Lisa Murkowski of Alaska criticised both inquiries on social media, saying that accusing the lawmakers “of treason and sedition for rightfully pointing out that servicemembers can refuse illegal orders is reckless and flat-out wrong.”
“The Department of Defence and FBI surely have more important priorities than this frivolous investigation,” wrote Murkowski.
FBI provides no insight into interview requests
The FBI went through the top security officials for the House and Senate to request interviews with each of the six lawmakers.
The lawmakers said they had no further information and the FBI has not made clear on what basis they were seeking the interviews.
The FBI declined to comment ON Tuesday, but Director Kash Patel, in an interview with journalist Catherine Herridge, described it as an “ongoing matter” in explaining why he could not discuss details.
Asked for his reaction to the video, Patel said, “What goes through my head is the same thing that goes through my head in any case: is there a lawful predicate to open up an inquiry and investigation, or is there not? And that decision will be made by the career agents and analysts here at the FBI.”
The video at the heart of the inquiries
In the video, lawmakers said they needed troops to “stand up for our laws … our Constitution.”
Kelly, who was a fighter pilot before becoming an astronaut and then retiring at the rank of captain, told troops that “you can refuse illegal orders.”
After the Pentagon announced the investigation into Kelly on Monday, Defence Secretary Pete Hegseth referred it to the Navy on Tuesday and requested a briefing by December 10.
The lawmakers didn’t mention specific circumstances in the video.
But at an event Tuesday in Michigan, Slotkin pointed to the Trump administration ordering the military to blow up small boats in the Caribbean Sea and eastern Pacific Ocean accused of ferrying drugs and continued attempts at deploying National Guard troops into US cities despite some legal setbacks.
“It wasn’t that there was any one incident, it was the sheer number of people coming to us and saying, ‘I’m worried. I am being sent to Washington or I’m being sent to LA or Chicago, North Carolina now, and I’m concerned I’m going to be asked to do something that I don’t know if I should do,’” said Slotkin.
“So that’s where it came from.”
Troops, especially uniformed commanders, do have specific obligations to reject orders that are unlawful, if they make that determination.
Broad legal precedence also holds that just following orders, colloquially known as the “Nuremberg defence,” as it was used unsuccessfully by senior Nazi officials to justify their actions under Adolf Hitler, doesn’t absolve troops.
