WASHINGTON — The Federal Bureau of Investigation (FBI) is actively seeking to interview six Democratic members of Congress after they participated in a widely circulated video that urged U.S. military personnel to refuse what the lawmakers described as “illegal orders.”
According to a Justice Department official, the FBI has requested that the House and Senate Sergeants at Arms arrange interviews with the group to determine whether any wrongdoing occurred.
The video in question [click the link to watch] featured veteran or intelligence-community-affiliated lawmakers encouraging servicemembers to stand up for the Constitution and asserting that they are not bound to follow unlawful commands.
The move by the FBI comes amid further scrutiny by the United States Department of Defense (DoD), which announced an investigation into Mark Kelly (D-Ariz.), a retired Navy captain and congressman, for his involvement in the video. The Pentagon said Kelly may face recall to active duty and administrative or court-martial measures if wrongdoing is found.
The timing and nature of the FBI and Pentagon actions have raised concerns among the implicated lawmakers, who say the moves amount to political intimidation and weaponization of federal agencies. In a joint statement, Reps. Jason Crow (D-Colo.), Maggie Goodlander (D-N.H.), Chris Deluzio (D-Pa.) and Chrissy Houlahan (D-Pa.) declared: “The President directing the FBI to target us is exactly why we made this video in the first place.”
President Donald Trump, who publicly condemned the video’s authors, called the group’s actions “seditious behaviour at the highest level” and claimed they were “traitors” who should be arrested and tried.
Legal experts interviewed by CBS News say the case presents high constitutional and jurisdictional hurdles. While U.S. military law prohibits advising or urging insubordination among service members, those laws generally require intent to undermine military order and discipline. Moreover, lawmakers may invoke the Speech and Debate Clause of the Constitution to protect conduct tied to their legislative duties.
Still, the investigation signals a sharp escalation: federal law enforcement is engaging directly with sitting members of Congress in response to a politically charged video, and the Pentagon is considering recalling a sitting senator to active duty for review. The developments underscore intensifying tension between the executive branch and Congress over national security, military authority, and political dissent.
It remains unclear what specific “illegal orders” the video referred to, and whether the inquiry will lead to formal charges or administrative action. The FBI declined to comment. Analysts say the probe may ultimately hinge on whether the lawmakers’ message crossed the line from policy advocacy into unlawful encouragement of military disobedience.
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