Sen. Elissa Slotkin, D-Mich., rehearses the Democratic response to President Donald Trump’s address to a joint session of Congress on March 4, 2025 in Wyandotte, Michigan. (Photo by Paul Sancya – Pool/Getty Images)

WASHINGTON — Democratic members of Congress who released a video in mid-November telling members of the military that they are not required to follow illegal orders announced Tuesday the Federal Bureau of Investigation has asked to speak with them about the matter. 

Four House members, Arizona Sen. Mark Kelly and Michigan Sen. Elissa Slotkin wrote the inquiry will not deter them from publicly stating their concerns about the Trump administration. 

“Last night, the FBI’s Counterterrorism Division appeared to open an inquiry into me in response to a video President Trump did not like,” Slotkin wrote in a statement published on social media. 

“The President directing the FBI to target us is exactly why we made this video in the first place,” Slotkin added. “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.”  

Kelly’s office said it had “received this inquiry via the Sergeant at Arms.”  The House members said the FBI has contacted the House Sergeant at Arms office requesting interviews.

“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 spokesperson said. 

Reps. Jason Crow of Colorado, Chris Deluzio and Chrissy Houlahan of Pennsylvania and Maggie Goodlander of New Hampshire separately issued a joint statement alleging that “Trump is 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,” they wrote. “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.”

President Donald Trump after learning of the video posted on social media that he believed the statement from six Democratic lawmakers represented “SEDITIOUS BEHAVIOR, punishable by DEATH.”

The FBI declined to comment. 

Illegal orders

Those six lawmakers posted a video on social media on Nov. 18 telling members of the military and intelligence community that they “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

The Defense Department announced Monday that it was looking into “serious allegations of misconduct” against Kelly, a former Navy captain and NASA astronaut, for his participation in the video. 

The statement said defense officials may recall Kelly “to active duty for court-martial proceedings or administrative measures.” 

Kelly wrote in a statement responding to the investigation that he had “given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”

“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly wrote.

Hegseth asks for briefing

Defense Secretary Pete Hegseth posted on social media Tuesday that he wants the Secretary of the Navy to brief him “on the outcome of your review by no later than December 10, 2025.”

Members of Congress’ official actions are generally protected under the speech and debate clause of the Constitution. 

A report from the nonpartisan Congressional Research Service states the judiciary’s “immunity principle protects Members from ‘intimidation by the executive’ or a ‘hostile judiciary’ by prohibiting both the executive and judicial powers from being used to improperly influence or harass legislators.”

U.S. Sen. Mark Kelly, D-Ariz., speaks to reporters at the U.S. Capitol on March 25, 2025 in Washington, D.C. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — The Department of Defense announced on social media Monday it’s looking into “serious allegations of misconduct” against Arizona Democratic Sen. Mark Kelly, one of several lawmakers who posted a video last week telling military members they are not required to follow orders that violate the law. 

The video spurred anger from President Donald Trump, who posted, also on social media, that he believed the statement from six Democratic lawmakers represented “SEDITIOUS BEHAVIOR, punishable by DEATH!”

The claim led to safety concerns on Capitol Hill, especially after a year that included numerous acts of violence against lawmakers and key political figures. 

The Defense Department announcement didn’t detail exactly how Kelly may have violated the Uniform Code of Military Justice but stated that “a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures.” 

It was unclear how the military review and threat of court-martial proceedings would fit with the constitutional protections held by members of Congress for speech and debate.

Kelly wrote in a statement the Defense Department’s post was the first time he’d heard about the inquiry. 

“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly wrote. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”

White House press secretary Karoline Leavitt said Kelly and the other senators in the video were encouraging “disorder and chaos within the ranks.”

“Not a single one of them … can point to a single illegal order that this administration has given down because it does not exist,” Leavitt said. “They knew what they were doing in this video and Sen. Mark Kelly and all of them should be held accountable for that.”

Kelly military background

Kelly served as an aviator in the United States Navy from 1987 until 2012. He was deployed as part of Operation Desert Storm during the first Gulf War. He received several awards throughout his military career, including the Legion of Merit and the Distinguished Flying Cross. 

Kelly reached the rank of captain before his retirement from military service. 

Kelly, who was also a NASA astronaut, was first elected to the U.S. Senate in November 2020. 

The Defense Department’s post announcing an investigation into Kelly said military officials wanted to remind people that “military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”

The statement added that all service members “have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful.  A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”

The statement appeared somewhat similar to the one Kelly, Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander gave in the video they published Nov 18. 

The Democrats, all of whom served in the military or worked in intelligence agencies, said they wanted “to speak directly to members of the military and the intelligence community who take risks each day to keep Americans safe.”

They said that Americans in those institutions “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

Broad constitutional protections for Congress

Members of Congress are broadly protected under the speech and debate clause of the U.S. Constitution, which states that unless a lawmaker is involved in treason, felony and breach of the peace, they are “privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”

The annotated explanation of the clause on Congress’ official website says the Supreme Court has “broadly” interpreted its applications over the years to ensure an independent legislative branch. 

“Despite uncertainty at the margins, it is well established that the Clause serves to secure the independence of the federal legislature by providing Members of Congress and their aides with immunity from criminal prosecutions or civil suits that stem from acts taken within the legislative sphere,” it states. “As succinctly described by the Court, the Clause’s immunity from liability applies ‘even though their conduct, if performed in other than legislative contexts, would in itself be unconstitutional or otherwise contrary to criminal or civil statutes.’ This general immunity principle forms the core of the protections afforded by the Clause.”

A report from the nonpartisan Congressional Research Service states the judiciary’s “immunity principle protects Members from ‘intimidation by the executive’ or a ‘hostile judiciary’ by prohibiting both the executive and judicial powers from being used to improperly influence or harass legislators.”