WASHINGTON — Democratic members of Congress who released a video in mid-November telling members of the military that they are not required to follow illegal orders announced Tuesday the Federal Bureau of Investigation has asked to speak with them about the matter.
Four House members, including New Hampshire’s Maggie Goodlander, Arizona Sen. Mark Kelly and Michigan Sen. Elissa Slotkin wrote the inquiry will not deter them from publicly stating their concerns about the Trump administration.
“Last night, the FBI’s Counterterrorism Division appeared to open an inquiry into me in response to a video President Trump did not like,” Slotkin wrote in a statement published on social media.
“The President directing the FBI to target us is exactly why we made this video in the first place,” Slotkin added. “He 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.”
Kelly’s office said it had “received this inquiry via the Sergeant at Arms.” The House members said the FBI has contacted the House Sergeant at Arms office requesting interviews.
“Senator Kelly won’t be silenced by President Trump and Secretary Hegseth’s attempt to intimidate him and keep him from doing his job as a U.S. Senator,” the spokesperson said.
“No amount of intimidation or harassment will ever stop us from doing our jobs and honoring our Constitution,” they wrote. “We swore an oath to support and defend the Constitution of the United States. That oath lasts a lifetime, and we intend to keep it. We will not be bullied. We will never give up the ship.”
Reps. Jason Crow of Colorado, Chris Deluzio and Chrissy Houlahan of Pennsylvania and Goodlander separately issued a joint statement alleging that “Trump is using the FBI as a tool to intimidate and harass Members of Congress.”
President Donald Trump after learning of the video posted on social media that he believed the statement from six Democratic lawmakers represented “SEDITIOUS BEHAVIOR, punishable by DEATH.”
The FBI declined to comment.
Illegal orders
Those six lawmakers posted a video on social media on Nov. 18 telling members of the military and intelligence community that they “can” and “must refuse illegal orders.”
“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”
The Defense Department announced Monday that it was looking into “serious allegations of misconduct” against Kelly, a former Navy captain and NASA astronaut, for his participation in the video.
The statement said defense officials may recall Kelly “to active duty for court-martial proceedings or administrative measures.”
Kelly wrote in a statement responding to the investigation that he had “given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly wrote.
Hegseth asks for briefing
Defense Secretary Pete Hegseth posted on social media Tuesday that he wants the Secretary of the Navy to brief him “on the outcome of your review by no later than December 10, 2025.”
Members of Congress’ official actions are generally protected under the speech and debate clause of the Constitution.
A report from the nonpartisan Congressional Research Service states the judiciary’s “immunity principle protects Members from ‘intimidation by the executive’ or a ‘hostile judiciary’ by prohibiting both the executive and judicial powers from being used to improperly influence or harass legislators.”