FBI Seeks ‘Seditious Conspiracy’ Probe of Democratic Lawmakers

FBI headquarters is pressuring the bureau’s domestic terrorism agents to open a seditious conspiracy investigation into six Democratic lawmakers who advised military service members to defy unlawful orders, according to three people familiar with the situation.

Such an investigation, which has not yet been opened, would mark a more serious step than the FBI’s voluntary inquiry that several of the Democrats derided last week and would escalate the administration’s use of law enforcement to probe the president’s critics.

Career leaders at the bureau’s Washington Field Office have thus far pushed back on the request for a formal investigation, which would follow President Donald Trump’s call for a trial into the Democrats’ “seditious behavior,” the people familiar said. The Washington office supervisors cited a lack of legal and factual basis to initiate a criminal case against the senators and House members who posted a video Nov. 18 reminding service members and the intelligence community of their rights to “refuse illegal orders.”

A final FBI decision on whether to launch a formal criminal investigation into the six lawmakers hasn’t been made, added the individuals, who spoke anonymously out of fear of reprisal.

FBI spokespeople didn’t immediately respond to a request for comment.

FBI headquarters requested that the investigation arise under the rarely invoked seditious conspiracy statute that DOJ used to convict a small number of Oath Keepers and Proud Boys leaders for organizing the Jan. 6 insurrection at the US Capitol. The domestic terrorism team asked to open the case against lawmakers is the same group that was involved in investigating people who breached the Capitol.

One of the people with knowledge of the matter said an official from FBI headquarters asked the Washington Field Office to open an enterprise investigation against the six Democrats. Enterprise cases are rarely initiated and are reserved for organizations believed to be “involved in the most serious criminal and national security threats to the public,” such as racketeering or terrorism, according to Justice Department guidelines for FBI operations.

Sen. Elissa Slotkin (Mich.), one of six politicians from military or intelligence backgrounds being targeted for creating the video, said last week the Counterterrorism Division in FBI headquarters “appeared to open an inquiry into me.”

“The President directing the FBI to target us is exactly why we made this video in the first place,” Slotkin added in her Nov. 25 post on X. “He believes in weaponizing the federal government against his perceived enemies and does not believe laws apply to him or his Cabinet.”

She was joined in the video by Sen. Mark Kelly (Ariz.) and Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Maggie Goodlander (N.H.), and Chrissy Houlahan (Pa.).

Read more: Democrat Targeted in FBI Video Inquiry Says He Won’t Comply

The Civil War-era seditious conspiracy law requires prosecutors to prove a defendant conspired to use force to oppose US government authority or to prevent, hinder, or delay the execution of any US law. The crime carries a maximum prison term of 20 years.

“It’s not something that is casually investigated or charged, especially without evidence that a case involves something more than protected speech,” said Alexis Loeb, who was deputy chief of the Capitol siege section at the Washington US attorney’s office that used the statute to secure convictions of Proud Boys leader Enrique Tarrio and Oath Keepers head Stewart Rhodes. Both men were among those to receive clemency from Trump on his first day in office this year.

“It can cheapen the charge if it becomes thought of as just another tactic to use against one’s political opponents or to deter criticsm,” Loeb added.

The FBI typically won’t run investigations out of headquarters, relying on field offices to do so. The prior head of the Washington office, Steven Jensen, was fired in August, which he and two other former FBI officials alleged in a lawsuit was in retaliation for their insufficient loyalty to Trump. The outcome of this request from headquarters will serve as a key test in how Jensen’s replacement, Darren Cox, withstands pressure to satisfy Trump’s commands.

During an interview that aired on X Nov. 24, Patel said any investigation into the Democrats will be up to career agents and analysts.

“Is there a lawful predicate to open up an inquiry and investigation or is there not? And that decision will be made by the career agents and analysts here at the FBI,” Patel said.