Today's News: FBI Begins Investigations into Democratic Lawmakers Over “Illegal Orders” Video
This action, alongside a Pentagon investigation into Senator Mark Kelly, follows President Donald Trump’s accusations of “seditious behavior” and threats of severe punishment.
Photos: Demetrius Freeman/The Post, Getty Images, AP, Stephen Voss for The Post/Demetrius Freeman/The Post, Getty Images, AP, Stephen Voss for The Post
Overview
Date: November 25, 2025
Summary: The FBI is seeking interviews with six Democratic lawmakers who released a video urging military members and intelligence officials to disobey illegal orders. This action, alongside a Pentagon investigation into Senator Mark Kelly, follows President Donald Trump’s accusations of “seditious behavior” and threats of severe punishment. The lawmakers assert they were upholding their constitutional oath and accuse the Trump administration of weaponizing federal agencies to target political opponents, prompting concerns among legal experts about the suppression of free speech and abuse of power.
Sources
CNN - FBI seeking to schedule interviews with Democratic lawmakers in controversial video
CNN - Pentagon move against war hero Kelly shows Trump’s quest for vengeance is endless
NBC News - FBI seeks interviews with six Democrats Trump accused of ‘seditious behavior’
NBC News - Defense Department says it’s opening an investigation into Sen. Mark Kelly
The Washington Post - FBI seeks interviews with Democrats whom Trump called ‘traitors’
Key Points
The FBI is seeking interviews with six Democratic lawmakers (Senators Mark Kelly and Elissa Slotkin, and Representatives Chrissy Houlahan, Chris Deluzio, Jason Crow, and Maggie Goodlander) who appeared in a video urging service members and intelligence officials to disobey illegal orders.
President Donald Trump publicly attacked the lawmakers, accusing them of “seditious behavior” and suggesting severe penalties, which the lawmakers interpret as an attempt to intimidate them.
The Pentagon has launched an investigation into Senator Mark Kelly, a retired Navy captain, for his participation in the video, citing his continued subjection to the Uniform Code of Military Justice.
The lawmakers, all veterans or former intelligence officials, assert they were merely restating existing law and upholding their oath to the U.S. Constitution, not inciting sedition.
Critics, including the lawmakers and legal experts, accuse the Trump administration of weaponizing federal agencies like the FBI and the Pentagon to target political opponents and suppress free speech.
Concerns are widely raised regarding the legality of certain Trump administration policies, such as military strikes against suspected drug boats and the deployment of military personnel to U.S. cities, which the video implicitly or explicitly addresses.
Unique Highlights
CNN (FBI seeking to schedule interviews with Democratic lawmakers in controversial video): Details the specific chain of contact, from the FBI reaching out to U.S. Capitol Police, who then directed the agency to the Senate and House sergeant-at-arms. It also mentions the “Nuremberg defense” as legal precedent for not following unlawful orders.
CNN (Pentagon move against war hero Kelly shows Trump’s quest for vengeance is endless): Connects the investigations to a broader “political retribution campaign” by Trump, referencing the collapse of criminal cases against former FBI chief James Comey and New York Attorney General Letitia James due to politically pressured, illegally appointed prosecutors. It quotes Paul Rieckhoff, founder and CEO of Independent Veterans of America, stating this situation is “crossing the Rubicon.” This article also delves into the political implications for Senator Kelly as a potential 2028 Democratic presidential candidate and discusses Trump’s wider political struggles.
NBC News (FBI seeks interviews with six Democrats Trump accused of ‘seditious behavior’): Highlights that Senator Elissa Slotkin specified the FBI’s “counterterrorism division” sent the note. This article details Justice Department guidelines for investigating members of Congress and notes the dismantling of the DOJ’s Public Integrity Section under the Trump administration. It also includes Senator Lisa Murkowski (R-Alaska) defending Kelly and criticizing the investigations. It also mentions the “speech or debate” clause of the U.S. Constitution as a potential immunity for members of Congress.
NBC News (Defense Department says it’s opening an investigation into Sen. Mark Kelly): Provides detailed reasoning from Defense Secretary Pete Hegseth on why only Senator Kelly, as a retired officer, falls under Uniform Code of Military Justice jurisdiction, while the other five do not. It specifies potential charges for Kelly, such as Article 133 (Conduct Unbecoming an Officer) and Article 134 (Conduct Prejudicial to Good Order and Discipline), and potential punishments including demotion, dishonorable separation, loss of benefits, and jail time. It also includes a strong quote from Senator Ruben Gallego (D-Arizona) criticizing the investigation.
The Washington Post: Reports that FBI Director Kash Patel acknowledged an “ongoing matter” and discussed the need for a “lawful predicate.” It mentions that Senator Elissa Slotkin stated the idea for the video came after current and former military members contacted their offices expressing concern about the administration’s deployment of armed forces. It also notes that some retired military lawyers and officers have criticized the video for potentially confusing service members.
The Wall Street Journal: Quotes Roger Williams University School of Law professor Peter Margulies, who described the FBI probe as a “frivolous investigation meant to suppress speech” and asserted that the Democrats were exercising their constitutional power of oversight.
The New York Times: Clarifies that the other four military veterans in the video did not serve long enough to retire and therefore do not receive a pension or fall under military law. It references Senator Elissa Slotkin’s concerns about Trump potentially deploying active-duty troops to American cities to crack down on or shoot protesters, recalling former Defense Secretary Mark T. Esper’s memoir where he stated Trump asked why the military could not “just shoot” protesters. It also details a social media exchange where Defense Secretary Hegseth criticized Senator Kelly’s display of military awards as “out of order & rows reversed.”
Contrasting Details
President Trump’s statements regarding the punishment for “seditious behavior” show a discrepancy: while he initially claimed it was “punishable by DEATH!” on Truth Social, he later clarified on Brian Kilmeade’s radio show that he was “not threatening death,” but rather that “In the old days, it was death. That was seditious behavior,” as reported by NBC News and The Washington Post.
Defense Secretary Pete Hegseth described the lawmakers’ video as “despicable, reckless, and false,” undermining “good order and discipline” (CNN, NBC News). However, the lawmakers and legal experts argue they were simply stating a foundational principle of the U.S. military—the duty to disobey unlawful orders—and upholding their constitutional oath, implying that Hegseth’s characterization is a misrepresentation of the law (CNN, The Washington Post).
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