FBI headquarters 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. [Continue reading…]