The FBI has begun interviews with six Democratic U.S. lawmakers following their public assertion that military personnel have the legal right to refuse unlawful orders. This development follows the Pentagon's indication that it might recall Senator Mark Kelly, a Navy veteran among the lawmakers, to active duty to potentially face military charges for actions described by Secretary of Defense Pete Hegseth as 'seditious.'

President Donald Trump has accused these lawmakers of sedition, a charge that could carry severe penalties, including death. An anonymous Justice Department official indicated that the FBI's interviews aim to investigate any potential wrongdoing. The lawmakers involved, including Senator Elissa Slotkin, a former CIA analyst and Iraq war veteran, and Representatives Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan, all military veterans, have characterized the administration's threats as intimidation tactics. They assert that their statements align with U.S. law, emphasizing that military personnel are sworn to uphold the Constitution rather than follow directives from the president.

Concerns have been raised regarding the legality of military actions ordered by the Trump administration, particularly strikes on vessels allegedly involved in drug trafficking in Latin American waters, which the Pentagon has justified by labeling drug smugglers as terrorists. Additionally, there are apprehensions about the use of military forces in domestic contexts.

The Trump administration has faced criticism for undermining democratic norms, particularly through the use of law enforcement against perceived political adversaries. Recent months have seen criminal charges brought against several prominent critics of the president, although a judge recently dismissed two of these cases. While sedition is not a charge applicable to civilians under U.S. law, the Uniform Code of Military Justice does include provisions for sedition, with severe penalties possible. Notably, several individuals involved in the January 6, 2021, Capitol attack were convicted of seditious conspiracy before receiving pardons from Trump.

In response to the administration's threats, Deluzio publicly accused Trump of attempting to silence dissent through intimidation, stating that he had received death threats as a result of his comments. Senator Kelly, addressing the threats of a court-martial, highlighted his extensive service record, asserting that he would not be silenced by those prioritizing personal power over constitutional principles.

In a separate legal context, a U.S. District Judge ruled that Lindsey Halligan, appointed by Trump, did not have the legal authority to file charges against former FBI Director James Comey and New York Attorney General Letitia James. The judge dismissed these cases, perceived as part of a political retribution effort against Trump’s critics. Halligan, lacking criminal law experience, was selected to replace Erik Siebert, who resigned after refusing to pursue charges based on disputed allegations. The judge emphasized that allowing private citizens to secure indictments without proper legal standing would be contrary to established law.

The Center for Presidential Transition released a report evaluating the presidential transition following the 2024 election, indicating that the transition under the Trump administration did not meet established standards due to delays and refusals to accept standard assistance from federal agencies. These actions raised concerns regarding the continuity of government operations and the ethical implications of the transition process. The report recommends that Congress implement measures to enhance transparency and security during future transitions, emphasizing the need for updated practices to ensure that transitions uphold ethical standards and national security.