FBI opens inquiry into six Democrats over 'illegal orders' video; Pentagon reviews Sen. Kelly
The FBI has opened an inquiry and contacted the House and Senate Sergeants-at-Arms to schedule interviews with six Democratic lawmakers — Sens. Elissa Slotkin and Mark Kelly and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan — after a video urged service members to “refuse illegal orders,” a move the lawmakers called politically motivated intimidation while DOJ and the FBI declined comment. Separately, the Pentagon has initiated a “thorough review” into retired Navy Capt. Sen. Mark Kelly for possible breaches of military law that could, in rare cases, lead to recall to active duty for court-martial or administrative action, an episode that has drawn fierce rhetoric from President Trump and spurred threats against the participants.
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📌 Key Facts
- A 90‑second video titled "Don't Give Up the Ship," first posted from Sen. Elissa Slotkin's account, featured six Democratic lawmakers—Sens. Elissa Slotkin and Mark Kelly and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan—repeatedly urging service members "You can refuse illegal orders" while not citing any specific orders.
- President Trump called the video "seditious behavior, punishable by DEATH" on social media and reposted violent comments (including calls for hanging); he and the White House later sought to walk back the language, while White House press secretary Karoline Leavitt and some Republicans framed the video as undermining lawful orders and the chain of command.
- The president's posts were followed by a sharp uptick in threats against the lawmakers in the video—ranging from hostile voicemails to a bomb threat against Rep. Jason Crow's office and hundreds of messages to Sen. Slotkin—prompting House Democratic leaders and Sen. Chuck Schumer to contact Capitol Police and request special protections.
- The Pentagon opened a "thorough review" into Sen. Mark Kelly (a retired Navy captain), citing potential violations of the Uniform Code of Military Justice and 18 U.S.C. § 2387, and warned retirees can be recalled to active duty for court‑martial or administrative action; Defense Secretary Pete Hegseth labeled the remarks discrediting to the armed forces and set a Dec. 10 briefing — while noting only Kelly, as a retiree, falls under military jurisdiction.
- The FBI (via its counterterrorism division) and DOJ contacted the House and Senate Sergeants‑at‑Arms to arrange interviews with the six lawmakers and opened an inquiry; DOJ/FBI declined public comment and some House Democrats accused the president of using federal law enforcement to intimidate members of Congress.
- Lawmakers who appeared in the video defended it as a restatement of the law and a reminder of service members' constitutional obligation to refuse unlawful orders; Rep. Chrissy Houlahan and others said the intent was to provide legal/moral clarity, not to encourage insubordination.
- Reporting emphasized legal context: military personnel are required to refuse unlawful orders but may be punished for disobeying lawful orders (UCMJ Articles 90 and 92); the federal statute cited (18 U.S.C. § 2387) criminalizes efforts to urge insubordination and carries significant penalties, though recalling retirees for prosecution is rare.
- The episode has become highly political: Democratic leaders condemned Trump's rhetoric as dangerous and called for his posts to be deleted and for Republican condemnation; the White House publicly supported the Pentagon's probe of Kelly, while some Republican leaders defended the president or criticized the Democrats' message.
📊 Relevant Data
In 2023, the racial composition of active-duty US military personnel was 68.0% White, 17.6% Black or African American, 3.6% Asian, 6.7% Multi-racial, 1.1% American Indian or Alaska Native, 0.9% Native Hawaiian or Other Pacific Islander, and 2.1% Unknown; additionally, 19.5% identified as Hispanic or Latino.
2023 Demographics Report — Military OneSource
The US military has a higher percentage of White personnel (68%) compared to the general US population (about 59% non-Hispanic White as of 2023), which may be due to historical recruitment patterns, socioeconomic factors, and varying enlistment rates across demographic groups; for example, Black Americans are overrepresented relative to their population share, potentially correlated with economic opportunities in certain regions.
How many people are in the US military? A demographic overview — USA Facts
In a 2020 Military Times poll of active-duty US service members, 40% identified as Republican or Libertarian, 16% as Democrat, and 44% as independent or another party; in the same poll, 37% planned to vote for Trump and 41% for Biden.
Trump’s popularity slips in latest Military Times poll — and more troops say they’ll vote for Biden — Military Times
In a 2025 survey of 818 active-duty US troops, 80% understood the duty to disobey illegal orders, with only 9% saying they would obey any order; however, willingness to disobey specific unlawful orders like shooting civilians or using torture ranged from one-third to half, potentially due to institutional pressures emphasizing obedience.
4 out of 5 US troops surveyed understand the duty to disobey illegal orders — The Conversation
Since the enactment of the Uniform Code of Military Justice in 1950, at least 30 retired US military members have been prosecuted, making the recall of retirees for court-martial a rare occurrence; this rarity underscores the exceptional nature of such actions, often reserved for serious misconduct.
Retired Servicemembers and Military Justice: Separating Facts from Fiction — US Naval Institute
📰 Sources (27)
Accusations of "sedition" spark uproar. Here's what the law says.
New information:
- Pentagon explicitly cited 18 U.S.C. § 2387 (military insubordination) and reminded retired service members remain subject to it.
- Defense Secretary Pete Hegseth clarified only Sen. Mark Kelly falls under Pentagon jurisdiction for potential recall; the other five do not.
- Article details the statutory elements and penalties of § 2387 and contrasts it with the rarer seditious conspiracy statute.
Hegseth seeks briefing on Sen Mark Kelly 'Don't Give Up the Ship' viral video
New information:
- War Secretary Pete Hegseth set a Dec. 10 deadline for a briefing from the Navy on its review of Sen. Kelly’s video.
- The department’s X post describes 'potentially unlawful conduct' tied to Kelly’s 'Don't Give Up the Ship' video and dates the remarks to around Nov. 18, 2025.
FBI seeks interviews with Democrats who appeared in video urging troops to defy illegal orders
New information:
- AP reports House Democrats say the FBI contacted the House and Senate Sergeants-at-Arms to request interviews, confirming outreach from law enforcement.
- A group of four Democratic House members issued a statement accusing President Trump of using the FBI to intimidate and harass members of Congress.
- Article frames the FBI outreach as signaling a possible inquiry and notes it would be the second investigation tied to the video, following the Pentagon’s probe of Sen. Mark Kelly.
FBI opens inquiry into Democrats over "illegal orders," lawmakers say
New information:
- Lawmakers say the FBI’s counterterrorism division notified them Monday night it is opening an inquiry into six Democrats over their video urging refusal of illegal orders.
- FBI contacted the House and Senate Sergeants at Arms to arrange interviews with the lawmakers.
- The six named lawmakers: Sen. Elissa Slotkin (MI), Sen. Mark Kelly (AZ), Reps. Jason Crow (CO), Chris Deluzio (PA), Chrissy Houlahan (PA), and Maggie Goodlander (NH).
- DOJ and FBI declined to comment; the lawmakers issued statements accusing President Trump of using the FBI to intimidate them.
FBI scheduling interviews with 6 lawmakers who encouraged military members to refuse 'illegal orders'
New information:
- FBI and DOJ have contacted the U.S. Capitol Police to schedule interviews with the six lawmakers who appeared in the 'illegal orders' video.
- The article lists the six participants: Sen. Elissa Slotkin, Sen. Mark Kelly, Rep. Chris Deluzio, Rep. Maggie Goodlander, Rep. Chrissy Houlahan, and Rep. Jason Crow.
- Department of War’s separate review of Sen. Mark Kelly is reiterated, with potential recall to active duty for possible UCMJ actions, and Hegseth’s public rationale characterizing the video as a 'politically-motivated influence operation.'
Sen. Mark Kelly says he learned about Pentagon investigation from social media
New information:
- Sen. Mark Kelly says he learned about the Pentagon's investigation into his role in the video via social media.
- CBS reiterates that the Pentagon is actively investigating following the lawmakers' video urging defiance of illegal orders.
WATCH: White House supports Pentagon probe of Sen. Kelly after video urging troops to defy ‘illegal orders’
New information:
- White House publicly backed the Pentagon’s investigation into Sen. Mark Kelly during a Nov. 24 press briefing.
- Press Secretary Karoline Leavitt accused Kelly and other Democrats of trying to intimidate service members and creating 'disorder and chaos' within the ranks.
- Leavitt said, 'You can’t have a functioning military if there is disorder and chaos within the ranks.'
Pentagon investigates Democrat senator for telling troops to refuse 'illegal orders'
New information:
- Pentagon issued a formal statement saying it has 'received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)' and has initiated a 'thorough review.'
- DoD says potential actions could include recalling Kelly to active duty for court-martial proceedings or taking administrative measures.
- Article clarifies that of the six lawmakers in the video, only Kelly, as a formally retired officer, can be recalled, and that such recalls are exceedingly rare.
Sen. Mark Kelly facing military investigation after clashing with Trump
New information:
- Pentagon publicly confirms it is investigating Sen. Mark Kelly over "serious allegations of misconduct."
- Defense Secretary Pete Hegseth calls the Democrats’ video "despicable, reckless, and false" and says it undermines good order and discipline.
- DoD reiterates that service members are legally obligated to obey lawful orders, which are presumed lawful, and points to a federal law criminalizing intentional efforts to urge troops to disobey orders (penalties up to 10 years).
- Schumer says he has asked U.S. Capitol Police to provide special protection for Kelly and Sen. Elissa Slotkin.
Pentagon says it's investigating Kelly for breach of military law after video
New information:
- Pentagon publicly acknowledged receiving 'serious allegations of misconduct' against Sen. Mark Kelly tied to the video urging refusal of illegal orders.
- DoD says a 'thorough review' has begun and potential actions 'may include recall to active duty for court-martial proceedings or administrative measures.'
- Confirms the investigation via an official Pentagon social media post.
Pentagon says it’s investigating Arizona Sen. Mark Kelly after video urging troops to defy ‘illegal orders’
New information:
- The Pentagon said it has opened an investigation into Sen. Mark Kelly for possible breaches of military law tied to a video urging service members to refuse unlawful orders.
- DoD’s statement (posted on social media) cites authority to recall retired servicemembers to active duty and suggests Kelly’s remarks could affect 'loyalty, morale, or good order and discipline.'
- Potential outcomes include recall to active duty for court-martial proceedings or administrative measures, pending a 'thorough review.'
Pentagon threatens to court-martial Democratic senator over 'refuse illegal orders' video
New information:
- Pentagon/Department of War opened a formal misconduct review into Sen. Mark Kelly over his 'refuse illegal orders' video and said it may recall him to active duty for court-martial or other UCMJ actions.
- Department statement emphasized that orders are presumed lawful, retirees remain subject to the UCMJ, and cited 18 U.S.C. § 2387 on disloyalty/insubordination.
- Secretary Pete Hegseth said the review focuses on Kelly addressing 'all troops' while invoking his rank/affiliation, calling the conduct discrediting to the armed forces.
- Article notes precedents (U.S. v. Dinger; U.S. v. Larrabee) confirming UCMJ jurisdiction over retirees and outlines possible punishments if violations are found.
- Other lawmakers in the video are not retired and therefore not subject to the UCMJ, per Hegseth.
Full transcript of "Face the Nation with Margaret Brennan," Nov. 23, 2025
New information:
- Rep. Jason Crow confirms a bomb threat against his Aurora, Colorado office and says his family received death threats; his office released sample threatening voicemails.
- The program contextualizes the threats as escalating after the president’s social‑media posts targeting Democratic veterans who urged troops to refuse illegal orders.
Transcript: Rep. Jason Crow on "Face the Nation with Margaret Brennan," Nov. 23, 2025
New information:
- Rep. Jason Crow says his Aurora, Colorado office received a bomb threat and his family has received death threats.
- CBS aired audio clips of hostile, threatening calls received by Crow’s office.
- Crow says the credibility of specific threats is not yet known, but they are being taken seriously.
- Ahead of the interview, President Trump posted that the 'traitors that told the military to disobey my orders, should be in jail right now,' calling it 'sedition at the highest level.'
Trump says Dems who told military to defy illegal orders committed 'sedition at the highest level'
New information:
- Trump posted again on Saturday calling Democrats’ video 'sedition at the highest level' and saying they 'should be in jail right now.'
- Trump claimed 'many great legal scholars' agree Democrats committed a serious crime by urging refusal of illegal orders.
- Fox reports the White House and Trump later attempted to walk back the earlier 'punishable by DEATH' language, saying he did not wish to execute lawmakers.
- Article lists additional lawmakers in the video (e.g., Sen. Mark Kelly; Reps. Chris Deluzio, Chrissy Houlahan, Maggie Goodlander, and Jason Crow).
Death threats surge against Democrats targeted by Trump posts
New information:
- Sen. Elissa Slotkin says her office has received 'hundreds and hundreds, if not ... closer to a thousand' threats and that the Senate Sergeant-at-Arms arranged 24/7 security for her.
- Rep. Jason Crow’s office reports a substantial increase in threats and additional safety measures for the congressman and his family/offices.
- Rep. Chris Deluzio’s office confirms an uptick in threats; Reps. Maggie Goodlander and Chrissy Houlahan also report surges.
- House Minority Leader Hakeem Jeffries says leadership is coordinating with the House Sergeant at Arms and U.S. Capitol Police to ensure member safety.
- Trump told Fox News, 'I'm not threatening them, but I think they're in serious trouble,' while the White House denies the posts were threats.
Scoop: Democrat requests police investigation into Trump over "threatening" posts
New information:
- Axios obtained an email showing Rep. Jason Crow’s office asked U.S. Capitol Police to investigate Trump’s posts as 'intimidating, threatening, and concerning.'
- Crow’s office reports a 'significant uptick' in violent rhetoric and threats after Trump’s posts and is forwarding individual threats to USCP.
- The email cites Trump’s posts calling Democrats 'TRAITORS,' urging they be 'ARRESTED and PUT ON TRIAL' and 'LOCK THEM UP,' and references 'SEDITIOUS BEHAVIOR, punishable by DEATH'; it also notes Trump reposted 'HANG THEM GEORGE WASHINGTON WOULD!!'
- USCP declined to comment, citing safety reasons.
- Trump told Fox News he was not threatening death but said the lawmakers are in 'serious trouble,' adding 'in the old days, it was death.' The White House said the posts were not intended as threats.
'I'm not going to be intimidated': Rep. Crow responds to Trump's sedition threat
New information:
- Rep. Jason Crow says he has received death threats since President Trump’s social media posts labeling the video 'seditious' and 'punishable by death.'
- White House Press Secretary Karoline Leavitt stated the president did not want to execute members of Congress and framed the lawmakers’ video as undermining the chain of command.
- Crow told NPR he will not be intimidated despite the threats.
Rep. Crockett slams Trump after person made "white supremacist threats" at her D.C. office
New information:
- Rep. Jasmine Crockett says a person came to her D.C. office Thursday and made 'white supremacist threats and hand gestures.'
- Crockett explicitly links the incident to President Trump’s recent 'punishable by DEATH!' post, saying it puts 'a literal target on our backs.'
- She defends her need for security and vows not to be intimidated.
- White House and Capitol Police did not immediately respond to Axios’ request for comment.
Trump accuses 6 Democratic lawmakers of "seditious behavior"
New information:
- Senate Minority Leader Chuck Schumer condemned the president’s posts on the Senate floor and called them an 'outright threat' that could incite political violence.
- Schumer said he asked for special Capitol Police protection for Sens. Elissa Slotkin and Mark Kelly.
- House Democratic leaders Hakeem Jeffries, Katherine Clark and Pete Aguilar issued a joint statement urging the president to delete the posts and said they contacted the House Sergeant at Arms and U.S. Capitol Police to ensure member safety.
- House Speaker Mike Johnson declined to criticize the president, calling it 'wildly inappropriate' for lawmakers to encourage service members to disobey orders and said the president was 'defining the crime of sedition.'
- White House press secretary Karoline Leavitt said the president does not want to execute members of Congress, framing the video as encouraging defiance of 'lawful orders.'
- The six lawmakers featured in the video issued a statement asserting they were restating the law about refusing illegal orders and called for condemnation of the president’s rhetoric.
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