A group of six Democratic lawmakers, including Senators Elissa Slotkin and Mark Kelly, and Representatives Chris Deluzio, Maggie Goodlander, Chrissy Houlahan, and Jason Crow, have released a video directed at service members and intelligence officers. The video asserts that military personnel have the right to refuse illegal orders, stating, "Our laws are clear. You can refuse illegal orders." In response, President Donald Trump labeled the lawmakers' actions as "seditious behavior" and called for their arrest.

Following the video's release, the FBI and the Department of Justice contacted Capitol Police to arrange interviews with the lawmakers involved. The Department of Defense has initiated a formal review regarding allegations of misconduct against Senator Kelly, a retired Navy captain, which may lead to court-martial proceedings under the Uniform Code of Military Justice (UCMJ). The other lawmakers, being former military personnel but not retired, are not subject to the UCMJ.

U.S. Secretary of War Pete Hegseth criticized the video, describing it as a "politically-motivated influence operation" that could undermine trust within the military. He noted that the video did not specify any particular illegal order, which he argued created ambiguity rather than clarity. Hegseth emphasized that the military has established procedures for addressing unlawful orders and cautioned against political interference that could disrupt the chain of command. He stated that the actions of the lawmakers could sow doubt and hesitation among service members, potentially eroding cohesion within military ranks.

The lawmakers have accused Trump of using the FBI to intimidate and harass them, asserting their commitment to their constitutional duties. Slotkin characterized the FBI's inquiry as a "scare tactic" employed by Trump, highlighting concerns over the use of federal agencies against political adversaries. The Pentagon's investigation into Senator Kelly is ongoing, with Defense Secretary Hegseth requesting a report on the findings by December 10.

The situation raises significant First Amendment concerns, as well as issues related to the 'speech or debate' clause of the U.S. Constitution, which provides members of Congress with immunity from prosecution for actions taken within their legislative roles. The lawmakers have emphasized that intimidation will not deter them from fulfilling their responsibilities to the Constitution.