Elissa Slotkin
Elissa Slotkin Youtube: ABC News

One sweeping investigation by the Federal Bureau of Investigation (FBI) threatens to redefine the boundary between lawful dissent and alleged sedition.

The FBI has begun scheduling interviews with six Democratic members of the US Congress after they appeared in a video calling on military personnel and intelligence officers to disobey what they labelled 'illegal orders.'

Those lawmakers, including Mark Kelly and Elissa Slotkin, argue their message reflects a lifelong commitment to constitutional duty and legal precedent.

Yet their comments provoked a forceful response from the administration, with both the United States Department of Defense (DoD) and the FBI launching parallel investigations.

What Sparked the FBI Action

In a 90-second video released last week, six lawmakers, two senators and four House members, many of whom have military or intelligence backgrounds, addressed US service members directly. They urged troops to uphold their oath to the Constitution and refuse orders that violate the law.

Senator Kelly, a former Navy pilot, told viewers plainly: 'You can refuse illegal orders.'

The lawmakers defended their action as a reaffirmation of long-established military and constitutional principles, not a call for insurrection.

According to a Justice Department official speaking on condition of anonymity, the interviews aim to determine 'if there is any wrongdoing' before any further decision is made.

The request marks a rare moment when the FBI has reached out to the offices of Congress via the Sergeants at Arms, a departure from standard practice.

Administration Responds

At the same time as the FBI's move, the DoD has launched its own investigation. Defence Secretary Pete Hegseth referred the matter involving Senator Kelly, a retired naval officer, to the Secretary of the Navy for a potential court-martial.

Calling the video 'politically motivated,' Hegseth described the lawmakers' appeal as 'seditious.'

Senior military figures and various veterans' organisations have weighed in. Some label the Pentagon's and the FBI's actions a 'sham' investigation designed to intimidate dissenting lawmakers.

The Accused Push Back — Claiming Political Retaliation

Senator Slotkin said the investigation is a clear case of misconduct by the executive branch. She said the FBI's Counterterrorism Division notified Congress Monday evening that it had opened an inquiry into the six lawmakers.

She added that their video was motivated by genuine concern. 'The President's reaction and the use of the FBI against us is exactly why we made the video,' she said.

In a joint statement, the four House Democrats involved declared: 'No amount of intimidation or harassment will ever stop us from doing our jobs and honouring our Constitution.'

They argued the investigation contradicts democratic norms and threatens free speech, especially when lawmakers attempt to check executive overreach.

Rep. Chris Deluzio, a former Navy officer, said he and colleagues had already received threats, including death threats, claiming they were 'traitors.'

Long-standing military law and constitutional precedent support the notion that service members must disobey illegal orders. The lawmakers' video echoes the principles underpinning those rules.

Observers warn that the administration's response amounts to using federal law enforcement as a tool to suppress dissent and dissenting speech by elected lawmakers.

Such a precedent could chill future efforts by Congress to engage in oversight and provoke lawful dissent.