PRINCIPLE

November 26, 2025

FBI investigates 6 Democratic lawmakers who filmed video telling troops they can refuse illegal orders

Pentagon and FBI target lawmakers who reminded troops of their legal duty, testing boundaries of military law

Six Democratic lawmakers with military or intelligence backgrounds released a video the week of Nov. 18, 2025, telling service members "Our laws are clear: you can refuse illegal orders." Trump called them traitors on Nov. 21 and wrote on Truth Social: "SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL" and "punishable by DEATH!"

The Pentagon announced Nov. 24 it's investigating Sen. Mark Kelly (D-AZ), a retired Navy Captain, for "serious allegations of misconduct" and may recall him to active duty for court martial. The FBI Counterterrorism Division contacted congressional sergeants-at-arms Nov. 25 requesting interviews with all six lawmakers.

The other five are Sen. Elissa Slotkin (D-MI, former CIA officer) and Reps. Jason Crow (D-CO, former Army Ranger), Chris Deluzio (D-PA), Chrissy Houlahan (D-PA), and Maggie Goodlander (D-NH).

Six Democratic lawmakers with military or intelligence backgrounds released a video the week of Nov. 18, 2025, telling service members: 'Our laws are clear: you can refuse illegal orders.' The video repeated this message three times. Sen. Mark KellyMark Kelly (D-AZ) is a retired Navy Captain and former astronaut. Sen. Elissa SlotkinElissa Slotkin (D-MI) is a former CIA officer. Rep. Jason CrowJason Crow (D-CO) is a former Army Ranger. Rep. Chris Deluzio (D-PA), Rep. Chrissy Houlahan (D-PA), and Rep. Maggie Goodlander (D-NH) are former Navy and intelligence officials.

Trump posted on Truth Social on Nov. 21, 2025: 'Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL for SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL, punishable by DEATH!' The White House later backtracked, saying Trump doesn't actually plan to execute members of Congress but that the video amounted to urging troops to disobey presidential orders.

Defense Secretary Pete Hegseth announced on Nov. 24, 2025, that the Pentagon is investigating Sen. Mark KellyMark Kelly for 'serious allegations of misconduct.' The investigation focuses only on Kelly because he's retired military and still subject to the Uniform Code of Military Justice. The Pentagon may recall Kelly to active duty for court martial. Hegseth requested a Navy report by Dec. 10, 2025.

The FBI Counterterrorism Division contacted the House and Senate sergeants-at-arms on Monday, Nov. 25, 2025, requesting interviews with all six lawmakers. The lawmakers confirmed the FBI contact on Tuesday, Nov. 26. Details of the FBI investigation remain unclear. The lawmakers said they 'will not be bullied' and 'won't be silenced.'

The video responded to service members who contacted the lawmakers asking for guidance about Trump administration orders they questioned. Sen. Slotkin said service members told her: 'I'm living in [city], and I'm concerned I'm going to be asked to do something that I don't know if I should do.' The concerns involved strikes on boats in the Caribbean and National Guard deployments to cities without local approval.

Slotkin said the strikes target a 'secret list of groups that we're now in armed conflict with' based on 'a legal explanation that's classified and not available to the operators who are carrying out these strikes.' Service members asked lawmakers: 'I'm not sure what to do. Do you have any thoughts? Do you have any advice?' The video was the lawmakers' response.

Hegseth criticized Kelly for displaying Navy medals incorrectly, saying 'Your medals are out of order & rows reversed.' He called the video a 'politically-motivated influence operation' and labeled the group the 'Seditious Six.' The Uniform Code of Military Justice explicitly allows military personnel to refuse illegal orders—Article 92 requires obedience to lawful orders and prohibits obedience to unlawful orders.

Sen. Lisa Murkowski (R-AK) defended Kelly, calling the investigation 'frivolous' and saying Kelly 'valiantly served our country.' Sen. John Curtis (R-UT) praised Kelly's service record. The Department of Justice Public Integrity Section, which typically investigates government corruption, was dismantled under Trump. Only 2 prosecutors remain, down from 36.

Slotkin said after Trump's 'DEATH' comment: 'We saw an immediate and massive uptick in the number of death threats that we got.' The lawmakers said Trump's response proves exactly why they made the video—to protect service members from retaliation for refusing illegal orders. Four House members said: 'Trump is using the FBI as a tool to intimidate and harass Members of Congress.'

⚖️Justice✊Civil Rights🛡️National Security

People, bills, and sources

What You Can Do

1

civic action

Call the Senate Armed Services Committee at 202-224-3871 about Pentagon investigation oversight

Demand hearings on whether the Pentagon can recall a sitting senator to active duty and threaten court-martial over protected speech about refusing illegal orders

www.armed-services.senate.gov/contact

Hi, I'm calling as a constituent to demand that the Senate Armed Services Committee hold public oversight hearings on the Pentagon's investigation of Senator Kelly and other lawmakers.

Key points to mention:

  • Senator Kelly and several Democratic lawmakers recorded a video reminding troops they have a legal right to refuse unlawful orders.
  • The Uniform Code of Military Justice and long-standing military law both say service members must disobey clearly illegal orders.
  • The Pentagon is reportedly considering recalling Senator Kelly to active duty to face a potential court-martial over that video.
  • Using military discipline to punish elected officials for explaining legal rights looks like retaliation against constitutionally protected speech.

How this impacts democracy:

  • If the Pentagon can threaten senators for explaining the law to troops, it chills honest discussion of what counts as an illegal order.
  • It blurs the line between civilian oversight of the military and the military punishing elected officials.

Questions to ask:

  • Does the Pentagon actually have clear statutory authority to recall a sitting U.S. senator to active duty and court-martial them for speech made in office?
  • Will the committee investigate whether this investigation respects the First Amendment and the separation between civilian lawmakers and the chain of command?
  • What safeguards exist to prevent the military from using discipline powers to intimidate members of Congress?

Specific request: I want the committee to open hearings and demand a public explanation of the legal basis, limits, and safeguards around investigating lawmakers for speech about refusing illegal orders.

Thank you for your time.

2

understanding

Read Uniform Code of Military Justice materials on unlawful orders

Understand the legal basis for refusing unlawful orders that the lawmakers' video described

www.law.cornell.edu/uscode/text/10/892
3

civic action

Email your Senators about the Pentagon investigation into lawmakers' speech

Urge your Senators to protect civilian oversight and free speech by opposing any military retaliation against lawmakers

Subject: Protect civilian oversight from military retaliation

Dear Senator [Name],

I'm writing to ask you to speak out against the Pentagon's reported investigation into Senator Kelly and other lawmakers for their video about refusing illegal orders.

Why this matters:

  • Lawmakers have a duty to oversee the military and explain the law to constituents, including service members.
  • Threatening to recall a sitting senator to active duty for a court-martial over protected speech undermines the separation of powers.
  • If the military can punish elected officials for discussing the Uniform Code of Military Justice, it chills all future oversight.

My request: Please publicly reaffirm that members of Congress have the right to speak freely about military law without fear of retaliation from the chain of command. I urge you to support hearings in the Armed Services Committee to clarify the limits of military authority over elected officials.

Thank you for defending our democratic institutions.

How to find your representative:

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