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FBI seeking to schedule interviews with Democratic lawmakers in controversial video

By Holmes Lybrand, Kristen Holmes, Morgan Rimmer, CNN

(CNN) — The FBI is seeking to schedule interviews with the six Democratic lawmakers who, in a controversial video posted last week, urged service members and intelligence officials to disobey illegal orders.

The six – Sens. Mark Kelly and Elissa Slotkin, and Reps. Chrissy Houlahan, Chris Deluzio, Jason Crow and Maggie Goodlander – were quickly attacked on Truth Social by President Donald Trump, who called them traitors and suggested they engaged in “SEDITIOUS BEHAVIOR, punishable by DEATH!”

The FBI first reached out to the US Capitol Police about contacting the six offices, who directed the agency to the Senate and House sergeant-at-arms, who act as the chief law enforcement and protocol officers for each side of the Capitol, one law enforcement official told CNN. The lawmakers confirmed the contact in a joint statement condemning the move.

It marks an escalation from the Trump administration, which has painted the “illegal orders” video as a dangerous undermining of the president’s authority as commander in chief and vowed to take it seriously. The Democrats, meanwhile, have argued they were simply restating the law.

The lawmakers, in a joint statement, accused Trump of “using the FBI as a tool to intimidate and harass Members of Congress.”

“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,” they said.

Earlier this week, the Pentagon announced it will investigate Kelly, a retired US Navy Captain, for misconduct, and warned it may even recall him to active duty to face a court martial or administrative punishment for his part in the video.

“The video made by the ‘Seditious Six’ was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion — which only puts our warriors in danger,” Secretary of Defense Pete Hegseth said after news of the investigation.

For his part, Kelly said he would not be intimidated. “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,” his spokesperson told CNN on Tuesday.

Although the video released by the Democratic lawmakers didn’t reference what orders service members might be receiving that would potentially be illegal, lawmakers on both sides of the aisle have raised concerns repeatedly about the legality of US military strikes against suspected drug boats in the Caribbean and the US military’s deployment to cities over the protest of governors.

Service members are required to follow only lawful orders in accordance with the Uniform Code of Military Justice. Following an order that might violate the law could open service members up to prosecution, as legal precedent holds that receiving an order alone isn’t a defense, colloquially known as the “Nuremberg defense” as it was deployed by senior members of Adolph Hitler’s leadership team during legal proceedings after World War II.

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CNN’s Ellis Kim, Arlette Saenz, Natasha Bertrand and Zachary Cohen contributed to this report.

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