FBI requests interviews with Sen. Mark Kelly, other Democrats in ‘illegal orders’ video

PHOENIX — The FBI has contacted the six Democratic members of Congress, including Sen. Mark Kelly of Arizona, about the video they made telling military members they don’t have to follow illegal orders.

The lawmakers involved confirmed Tuesday that the FBI reached out to the Sergeant at Arms of both the House and Senate to set up interviews.

“Our office has received this inquiry via the Sergeant at Arms,” Kelly’s office said in a statement. “Sen. Kelly won’t be silenced by President (Donald) Trump and Secretary (Pete) Hegseth’s attempt to intimidate him and keep him from doing his job as a U.S. senator.”

The FBI declined to comment Tuesday, but Director Kash Patel, in an interview with journalist Catherine Herridge, described it as an “ongoing matter” in explaining why he could not discuss details.

The latest development comes a day after the Pentagon said it was investigating Kelly for his role in the video.

Why is the FBI, Department of War probing Arizona’s U.S. Sen. Mark Kelly?

Kelly, Sen. Elissa Slotkin (Mich.), and Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Chrissy Houlahan (Pa.) and Maggie Goodlander (N.H.) have been targeted by Trump and his administration since posting a 90-second video on Nov. 18 reminding the military and intelligence community that they don’t have to follow illegal orders.

Two days later, President Donald Trump lashed out on Truth Social.

“It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL,” the president posted. “Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand – We won’t have a Country anymore!!! An example MUST BE SET.”

Trump later added that he believes the video was “SEDITIOUS BEHAVIOR, punishable by DEATH!”

He also shared a post by a user who wrote, “HANG THEM.”

On Sunday, Kelly told CBS’ “Face the Nation” he and his colleagues were facing “increased threats” after Trump accused them of sedition.

Then on Monday, the Pentagon announced it was reviewing “serious allegations of misconduct” against Kelly and warned he could face court-martial proceedings.

Hegseth said Kelly was the only member of what he referred to as the “Seditious Six” who was being investigated by the Pentagon.

He also explained that Kelly is the only one under investigation because he, as a retired Navy commander, is currently subject to the Uniform Code of Military Justice while the others aren’t.

Trump slams illegal orders video as ‘seditious,’ but what was it about?

In the video, lawmakers said they needed troops to “stand up for our laws … our Constitution.” Kelly, who was a fighter pilot before becoming an astronaut and then retiring at the rank of captain, told troops that “you can refuse illegal orders.”

The lawmakers didn’t mention specific circumstances in the video. But Kelly told KTAR News 92.3 FM’s Arizona’s Morning News it was made in response to a series of questionable actions and proposed actions dating back to President Donald Trump’s first administration.

Kelly also cited strikes against alleged drug smuggling boats in the Caribbean Sea as the most recent example.

Troops, especially uniformed commanders, do have specific obligations to reject orders that are unlawful, if they make that determination.

Broad legal precedence also holds that just following orders — colloquially known as the “Nuremberg defense,” as it was used unsuccessfully by senior Nazi officials to justify their actions under Adolf Hitler — doesn’t absolve troops.

The Associated Press contributed to this report.

Related

How a 90-second video put Sen. Mark Kelly of Arizona at center of a national controversyRuben Gallego slams Pentagon for Mark Kelly probe after he pushed for not obeying illegal ordersPentagon investigating US Sen. Mark Kelly of Arizona over 'illegal orders' videoLive updates for Arizona’s 2026 midterm primaries: County website glitchMain roadway between Maricopa and metro Phoenix reopens after fatal incidentArizona voters to choose Republican and Democratic nominees for top education position