President Donald Trump's administration is reportedly making moves to initiate a criminal investigation into six Democratic members of Congress, but some in the FBI are refusing to go along with the plan.
Bloomberg Law reported Wednesday that the FBI headquarters is demanding a "seditious conspiracy investigation" into the Democratic lawmakers — who are all military and intelligence veterans — after they released a video encouraging rank-and-file service members to remember their duty to disobey illegal orders. While the investigation has not yet been launched, this would mark a significant escalation beyond the voluntary inquiry the FBI launched in the immediate aftermath of the video.
Seditious conspiracy was one of the most serious criminal charges levied against January 6 defendants, and leaders of far-right groups The Oath Keepers and the Proud Boys were convicted on that charge before eventually being pardoned by Trump on the first day of his second term. Leaders within the FBI's Washington field office are reportedly pushing back on a seditious conspiracy investigation, arguing that there is "a lack of legal and factual basis" to pursue any criminal investigation over activity protected by the First Amendment.
One of Bloomberg's sources — who spoke anonymously "out of fear of reprisal" — said they were recently asked to launch an "enterprise investigation" into the six Democrats. According to the Department of Justice, enterprise investigations are exceedingly rare and typically only meant for those "involved in the most serious criminal and national security threats to the public." And convicting a defendant of seditious conspiracy requires proving that they used force in an attempt to prevent, hinder or delay the execution of any U.S. law.
"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 the deputy chief of the Capitol siege section of the U.S. Attorney's Office for the District of Columbia.
"It can cheapen the charge if it becomes thought of as just another tactic to use against one’s political opponents or to deter criticism," she added.
The six Democrats being targeted are Sens. Mark Kelly (D-Ariz.) and Elissa Slotkin (D-Mich.) along with Reps. Jason Crow (D-Colo.), Chris DeLuzio (D-Pa.) Maggie Goodlander (D-N.H.) and Chrissy Houlahan. (D-Pa.) Kelly and DeLuzio are former Navy officers; Goodlander was a Naval intelligence officer; Crow was a U.S. Army Ranger and paratrooper; Houlahan was an Air Force officer and Slotkin served in the CIA.
Click here to read Bloomberg's full report (subscription required).