WASHINGTON — The FBI is working to schedule interviews with the six Democratic lawmakers who appeared in a video urging members of the military and intelligence community not to comply with illegal orders, according to a person familiar with the efforts.
The move, first reported by Fox News, comes days after President Donald Trump accused the Democrats, all of whom served in the military or in intelligence roles, of "seditious behavior."
Details of the investigation were not immediately clear. The lawmakers confirmed they had heard from the House or Senate sergeants-at-arms about the FBI effort.
In a joint statement, four of the Democrats in the video, all members of the House, accused Trump of “using the FBI as a tool to intimidate and harass Members of Congress.”
“No amount of intimidation or harassment will ever stop us from doing our jobs and honoring our Constitution," the statement from Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan of Pennsylvania said. “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.”
The other two Democrats in the video are senators: Mark Kelly, of Arizona, and Elissa Slotkin, of Michigan.
U.S. Capitol Police referred questions to the FBI, where a bureau spokesperson declined to comment.
Slotkin said at an event in Michigan on Tuesday afternoon that the lawmakers were contacted by the FBI on Monday evening.
"Last night the counterterrorism division at the FBI sent a note to members of, the members of Congress saying they are opening what appears to be an inquiry against the six of us," she said.
Justice Department guidelines require investigative steps against sitting members of Congress to go through an approval process within the Justice Department to ensure that federal law enforcement power isn’t being used for political purposes. But the Trump administration has dismantled the DOJ’s Public Integrity Section, which traditionally served as a check on investigations into political figures. That office now has just two prosecutors, down from 36 at the beginning of Trump’s second term, according to a source familiar with the office.
A spokesperson for Kelly said in a statement: “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 Defense Department announced Monday that it was opening an investigation into Kelly, a retired Navy captain, saying he was subject to the Uniform Code of Military Justice as a retired member of the military. Defense Secretary Pete Hegseth on Tuesday posted a memo on X directing the secretary of the Navy to report "on the outcome of your review" by Dec. 10.
The four House Democrats are former military but not retired; Slotkin is a former CIA officer.
Slotkin said on X that she was “not going to let this next step from the FBI stop me from speaking up for my country and our Constitution.”
"The President directing the FBI to target us is exactly why we made this video in the first place," she said on Tuesday. "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."
Sen. Lisa Murkowski, R-Alaska, reached across the aisle to defend Kelly and the other Democrats in a social media post Tuesday that also criticized the Pentagon and FBI.
"Senator Kelly valiantly served our country as an aviator in the U.S. Navy before later completing four space shuttle missions as a NASA astronaut. To accuse him and other lawmakers of treason and sedition for rightfully pointing out that servicemembers can refuse illegal orders is reckless and flat-out wrong," Murkowski, who has been a vocal critic of Trump, said on X.
"The Department of Defense and FBI surely have more important priorities than this frivolous investigation," she added.
Another GOP senator, John Curtis of Utah, also spoke highly of Kelly.
"As a colleague, I respect Mark Kelly and value his friendship," Curtis wrote on X. "I know him as someone whose career has been defined by service. His record as a combat naval aviator and NASA astronaut reflects his example of the discipline and dedication that are important for success."
Trump accused the six Democrats of “SEDITIOUS BEHAVIOR, punishable by DEATH!,” but later claimed he was "not threatening death."
In addition to the First Amendment issues at stake, the "speech or debate "clause of Article 1 and Section 6 of the U.S. Constitution gives members of Congress immunity from prosecution for acts taken within the legislative sphere, a fundamental check on the constitutional separation of powers.
