By Zachary Stieber
Contributing Writer
FBI agents are seeking to interview lawmakers who appeared in a video telling members of the military not to obey illegal orders, the lawmakers said on Tuesday.
The FBI contacted the sergeants at arms for the House of Representatives and Senate, requesting interviews with the lawmakers, Reps. Jason Crow, D-Colo., Chris Deluzio, D-Pa., Maggie Goodlander, D-N.H., and Chrissy Houlahan, D-Pa., said in a joint statement.
“No amount of intimidation or harassment will ever stop us from doing our jobs and honoring our Constitution,” they stated. “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.”
Sen. Elissa Slotkin, D-Mich., who also participated in the video, said on X that the FBI has “appeared to open an inquiry into” her over the video.
“This isn’t just about a video. 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,” she wrote.
The FBI declined to comment in an email.
In the video, released on Nov. 18, members said they wanted to speak to service members and people who work in the intelligence community. They said that the audience should disobey orders that are illegal. Deluzio said that “you must refuse illegal orders.”
“Your vigilance is critical,” Sen. Mark Kelly, D-Ariz., added later.
“And know that we have your back,” Slotkin said.
No allegedly illegal orders were specified in the video, and after posting the video, lawmakers have largely declined to list specific examples during television appearances beyond referring to how President Donald Trump has been accused of telling officials in 2020 that they should shoot protesters in the legs.
Trump has accused the Democrats of seditious behavior and suggested they should be arrested and charged.
Military officials announced on Monday that Kelly, a retired U.S. Navy officer, is under investigation for allegedly violating the Uniform Code of Military Justice and federal law, including one law that bars actions intended to interfere with the “loyalty, morale, or discipline of the military or naval forces of the United States.”
Violation of the law can land people up to 10 years in prison.
“The video made by the ‘Seditious Six’ was despicable, reckless and false,” War Secretary Pete Hegseth said in a statement. “Encouraging our warriors to ignore the orders of their commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion — which only puts our warriors in danger.”
White House press secretary Karoline Leavitt told reporters in Washington that the White House supports the investigation.
“You can’t have a functioning military if there’s disorder and chaos within the ranks — and that’s what these Democrat members were encouraging,” she said.
Pentagon Investigating Kelly
Kelly is under investigation after the Department of War received allegations he engaged in misconduct, the department said on Monday.
“A thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures,” the Pentagon said in a statement. “This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.”
A spokesman for Kelly did not immediately respond to a request for comment.
While the specific nature of the allegations has not been disclosed, Kelly was one of six lawmakers who recently appeared in a video and said members of the military can or should “refuse illegal orders.”
Kelly, 61, once served as an officer in the U.S. Navy. He later became an astronaut and in 2020 won his congressional bid to represent Arizona in the Senate.
The Pentagon said it was also reminding people that military retirees are still subject to the Uniform Code of Military Justice, and a federal law that prohibits people from interfering or impairing the “loyalty, morale, or discipline of the military or naval forces of the United States.”
Individuals found in violation of the law face up to 10 years in prison.
Kelly on Sunday, during an appearance on CBS’ “Face the Nation,” said that all the lawmakers said in the video was “that members of the military should not, cannot follow illegal orders.”
Kelly cited allegations that President Donald Trump during his first term wanted to have protesters shot in the legs and said he and colleagues were concerned about some of Trump’s rhetoric.
Slotkin said on Sunday on ABC’s “This Week” that she was not aware of any illegal orders from Trump. She said the video “was basically a warning to say, like, if you’re asked to do something particularly against American citizens, you have the ability to go to your [superior] officer and push back.”
Crow, a former Army Ranger and paratrooper, said on CBS’ “Face the Nation” on Sunday that the video was recorded to start a discussion about Trump’s rhetoric and alleged threats he’s made to use the military in what the Democrats describe as unlawful.
Crow said illegal orders would include killing the families of terrorists and sending troops into polling stations.
When the host noted that Trump had not given those orders, Crow responded, “If we wait until the moment that he gives a manifestly unlawful order to a young soldier, then we have failed them.”
He added, “We have to start that conversation now and get people thinking about the distinction, which is exactly what we did.”
Vice President JD Vance posted a clip of Slotkin’s comments on X. “If the president hasn’t issued illegal orders, the members of Congress telling the military to defy the president is by definition illegal,” he wrote on Sunday.
Treasury Secretary Scott Bessent said on NBC’s “Meet the Press” that the call to disobey illegal orders was a display of “gross negligence” and that “when you step outside of the chain of command and try to create the noise and chaos, that only helps our enemies.”
