The Federal Bureau of Investigation (FBI) is currently embroiled in internal discussions about whether to initiate a criminal investigation targeting six Democratic Congress members. President Donald Trump has accused these lawmakers of engaging in "seditious behavior." This internal debate within the FBI arises in the aftermath of a contentious video featuring Senators Mark Kelly (D-AZ) and Elissa Slotkin (D-MI), along with Representatives Jason Crow (D-CO), Christopher Deluzio (D-PA), Maggie Goodlander (D-NH), and Chrissy Houlahan (D-PA). The video in question shows the legislators urging military personnel to "refuse illegal orders."
According to Bloomberg Law, the push to consider a formal seditious conspiracy investigation into the six Democrats has originated from the FBI's headquarters. However, seasoned officials at the FBI's Washington Field Office have expressed reservations, citing a lack of legal grounds to justify opening a criminal case. These officials reportedly perceive the video as constitutionally protected speech and argue that it does not demonstrate evidence of an actual conspiracy.
President Trump denounced the legislators last month, stating that they were inciting military insubordination against the commander in chief. He equated their actions to those of conservative groups like the Proud Boys and Oath Keepers, whom Democrats have previously prosecuted, and called for equivalent treatment under the law.
Both the FBI and the Justice Department have taken preliminary steps by requesting interviews with the implicated lawmakers. Furthermore, War Secretary Pete Hegseth has confirmed that the Pentagon is assessing potential violations of conduct by Senator Kelly, who, being a veteran, remains subject to the Uniform Code of Military Justice. The New York Post reported that Kelly could face significant repercussions should the Pentagon conclude there was misconduct.
With the FBI's Domestic Terrorism Unit, which previously prosecuted January 6 defendants and achieved seditious conspiracy convictions against 14 members of the Proud Boys and Oath Keepers, now pushing for this probe, the stakes are notably high for the six Democrats under scrutiny. These convictions can lead to prison sentences of up to twenty years.
Representative Slotkin has publicly addressed the situation, asserting that President Trump is "weaponizing the federal government" against her and her colleagues. She has vowed not to allow the FBI inquiry to deter her from defending her country and the Constitution. Senator Kelly, having advised service members against following "illegal orders," now faces a Pentagon misconduct review that could entail serious legal ramifications.
FBI Director Kash Patel has stated to journalist Catherine Herridge that any decision to escalate the matter will rest on the judgment of "career agents and analysts" and hinge on the existence of a "lawful predicate" for further action. Should the FBI decide to proceed with a formal case, the six Democratic lawmakers could potentially face criminal charges similar to those previously advocated by Democrats against supporters of President Trump.
