FBI divided about launching criminal probe into six Democratic lawmakers Trump accused of ‘seditious behavior’: report
A split is emerging inside the FBI over how hard to pursue President Trump’s claim that six Democratic members of Congress engaged in “seditious behavior” by appearing in a video that urged service members to “refuse illegal orders.”
The agency’s domestic‑terrorism team, along with the Washington Field Office, is being asked by headquarters to open a formal seditious‑conspiracy investigation into Senators Mark Kelly (D‑Ariz.) and Elissa Slotkin (D‑Mich.) and Representatives Jason Crow (D‑Colo.), Christopher Deluzio (D‑Pa.), Maggie Goodlander (D‑NH) and Chrissy Houlahan (D‑Pa.).
Senior officials in Washington, however, are pushing back, saying there isn’t a solid legal or factual basis for a criminal case against the lawmakers involved in the Nov. 18 clip.
Thus far, FBI and Justice Department personnel have tried to set up interviews with the veterans, while the Pentagon has launched its own review of Kelly—a retired Navy commander still under the Uniform Code of Military Justice, according to Secretary of the Navy Pete Hegseth.
No final decision has yet been made about whether to formalize the investigation, Bloomberg Law reports.
The FBI headquarters has not yet responded to The Post’s request for comment, and the Washington Field Office declined to speak.
Under the Biden administration, the Justice Department had used the seditious‑conspiracy statute to convict 14 leaders of the Oath Keepers and Proud Boys, including Enrique Tarrio and Stewart Rhodes, for their roles in the Jan. 6, 2021, Capitol riot.
Seditious‑conspiracy convictions can carry a maximum sentence of 20 years in prison.
Slotkin posted last week on X that “FBI’s Counterterrorism Division appeared to open an inquiry into me.” She characterized the video as a weaponized attack, claiming Trump had “directing the FBI to target us” and that the agency was being used against her for speaking out.
In an interview with journalist Catherine Herridge, FBI Director Kash Patel emphasized that the decision to open an inquiry would rest with “career agents and analysts” who assess whether there is a lawful basis for investigation.
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