Investigation & Legal Aspects - FBI is scheduling interviews with six senators through the Capitol Police, though it doesn't necessarily indicate an ongoing investigation [1][2] - Speech and debate clause protects members of Congress from prosecution for actions connected to their legislative duties [3] - A review is being launched to determine if the video falls under the articles of the Uniform Code of Military Justice (UCMJ), potentially restricting service member speech [6] - The UCMJ applies to retirees, raising questions about threatening a sitting senator with court martial under UCMJ provisions [6][7] - The Pentagon's statement refers to federal laws prohibiting actions interfering with the loyalty, morale, or good order of the armed forces [8] - A 1948 Cold War era statute, 18USC 2387, attempts to criminalize actions intended to interfere with the loyalty of those in service, potentially conflicting with the 1969 Brandenburgg case [9] Military Duty & Orders - Military members have a legal duty to follow all lawful orders, presumed to be lawful, but also a legal duty to disobey unlawful orders [12][13] - Disobeying an order carries the peril of court martial for disobedience, a military-unique crime [13] - Unlawful orders are those known to be unlawful or manifestly illegal, such as ordering a crime [14] - The senator's video failed to provide nuance regarding military members' catch-22 situation when facing potentially unlawful orders [15] - Illegality of an order is a complete defense, but the process involves facing potential court martial or adverse administrative action [16]
NEW: FBI reached out to Capitol police to arrange interviews with Dems in video to troops
MSNBC·2025-11-25 18:52