Exclusive: No. 2 House Democrat to skip Trump’s State of the Union address
House Minority Whip Katherine Clark joined by Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries speaks a press conference at the U.S. Capitol, February 4, 2026, in Washington. (Kevin Dietsch/Getty Images)
(WASHINGTON) — House Minority Whip Katherine Clark told ABC News she will not attend President Donald Trump’s State of the Union address on Tuesday night, making her the highest-ranking House Democrat to skip the event.
“And let me tell you why,” Clark told ABC’s Linsey Davis in an exclusive interview. “What we have seen from this president is a series of lies, of disrespect for the American people. He campaigned that he would lower costs on Day 1, he would keep people safe and secure. And he has done just the opposite.”
“So, I’m going to spend my evening, while he is spewing his misinformation tonight, talking to my constituents about their state of the union and how this administration is impacting them,” Clark said.
Dozens of Democrats, at least 45, are set to skip the State of the Union address. Many instead are opting to take part in a counter-program on the National Mall sponsored by the progressive group MoveOn.
House Speaker Mike Johnson earlier Tuesday criticized Democrats who will be absent, saying it was “shameful that they would boycott an address.”
House Minority Leader Hakeem Jeffries has made the case for members of his caucus to attend without outbursts or to sit it out altogether.
“It’s our expectation that there will be some members who attend and attend in silent defiance, and there will be other members who will choose not to attend. And it’s up to every individual member to make the decision that makes the most sense for their constituents,” Jeffries told reporters on Tuesday afternoon.
Notable guests of Democratic lawmakers include survivors of late sex offender Jeffrey Epstein, the business owner who successfully challenged Trump’s global tariffs and individuals affected by the administration’s immigration crackdown in Minneapolis.
Virginia Gov. Abigail Spanberger will deliver the Democratic response following Trump’s remarks. The two main themes she will focus on are affordability and the chaos the Trump administration has caused at home and abroad, according to Spanberger’s team.
U.S. Sen. Mark Kelly speaks on the failed grand jury indictment against him during a news conference at the U.S. Capitol on February 11, 2026 in Washington, DC. (Heather Diehl/Getty Images)
(WASHINGTON) — In a biting opinion that chastised Defense Secretary Pete Hegseth, a Republican-appointed judge on Thursday blocked the Defense Department from trying to punish Sen. Mark Kelly over a video he and other Democrats made urging service members not to follow illegal orders, accusing Hegseth of “trampling” on the Arizona senator’s First Amendment rights and suggesting Hegseth should be more “grateful” for the wisdom of retired service members.
“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees,” Washington D.C. District Court Judge Richard J. Leon wrote in his opinion.
Leon sharply questioned Trump administration lawyers on whether there was legal precedent for the Defense Department’s attempt to demote and reduce retirement benefits for Kelly, who has been sharply critical of the White House.
“Rather than trying to shrink the First Amendment liberties of retired servicemembers, Secretary Hegseth and his fellow Defendants might reflect and be grateful for the wisdom and expertise that retired servicemembers have brought to public discussions and debate on military matters in our Nation over the past 250 years,” Leon wrote. “If so, they will more fully appreciate why the Founding Fathers made free speech the first Amendment in the Bill of Rights! Hopefully this injunction will in some small way help bring about a course correction in the Defense Department’s approach to these issues.”
The Justice Department could appeal the decision, although it’s not clear if it would. The Pentagon and Hegseth on Thursday did not immediately respond to requests for comment.
The case has drawn considerable attention as a major test of the First Amendment rights of military veterans and the government’s separation of powers. Kelly was suing the Pentagon for threatening to demote him in rank and reduce his military retirement benefits because of a video he made with other Democrats that urged troops not to comply with illegal orders, which they did not specify.
Hegseth accused Kelly of violating a federal law that prohibits undermining good order and discipline within the military and accused him of hiding behind his position as a U.S. senator to do so.
In a video posted online to social media on Thursday, Kelly said he is grateful for the judge’s opinion.
“I appreciate the judge’s careful consideration of this case and the clarity of his ruling, but I also know that this might not be over yet, because this president and this administration do not know how to admit when they’re wrong,” he said.
This is a developing story. Please check back for updates.
The FBI logo at the entrance to the J. Edgar Hoover Building in Washington, D.C., on May 28, 2025. (Photo by STR/NurPhoto via Getty Images)
(WASHINGTON) — The FBI is attempting to schedule interviews with the six Democratic members of Congress who made a video saying troops should not obey any illegal orders, according to multiple sources familiar with the situation.
The FBI would conduct these interviews on behalf of the Justice Department, and it is unclear when the interviews would be held amid the upcoming Thanksgiving holiday, the sources said.
Democratic Sen. Elissa Slotkin, one of the six Democratic lawmakers in the video, said the “FBI’s Counterterrorism Division appeared to open an inquiry” into her.
“The President directing the FBI to target us is exactly why we made this video in the first place. He believes in weaponizing the federal government against his perceived enemies and does not believe laws apply to him or his Cabinet. He uses legal harassment as an intimidation tactic to scare people out of speaking up,” Slotkin said in a post on X on Tuesday.
“This isn’t just about a video. This is not the America I know, and I’m not going to let this next step from the FBI stop me from speaking up for my country and our Constitution,” Slotkin added.
The offices of the House Democrats in the video also released a statement to ABC News confirming the FBI’s attempt to schedule interviews, saying the president is “using the FBI as a tool to intimidate and harass members of Congress.
“No amount of intimidation or harassment will ever stop us from doing our jobs and honoring our Constitution. We swore an oath to support and defend the Constitution of the United States. That oath lasts a lifetime, and we intend to keep it. We will not be bullied. We will never give up the ship,” the House Democrats said in a statement.
In an interview that aired on X on Monday, FBI Director Kash Patel said career analysts and agents will make any determination on the Democratic lawmakers who urged members of the military to disobey illegal orders, when asked what his reaction to it was.
“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 in the interview.
When asked if the FBI was involved, Patel said, “based on the fact that it’s an ongoing matter, there’s not much I can say.”
The U.S. Capitol Police referred questions to the FBI, who declined to comment.
The development was first reported by Fox News.
President Donald Trump has previously accused these members of Congress of “seditious behavior.”
“I’m not threatening death, but I think they’re in serious trouble. In the old days, it was death. … That was seditious behavior, that was a big deal. You know, nothing’s a big deal, today’s a different world,” Trump said last week.
The news of the FBI attempting to schedule these interviews comes after the Pentagon announced it would launch a “thorough review” into Democratic Sen. Mark Kelly, who is one of the six members of Congress in the video.
“The military already has clear procedures for handling unlawful orders. It does not need political actors injecting doubt into an already clear chain of command,” Defense Secretary Pete Hegseth said on Tuesday.
On Monday, Hegseth called the six Democrats in the video the “Seditious Six” but explained why the probe is focused solely on Kelly.
“Five of the six individuals in that video do not fall under [Defense Department] jurisdiction (one is CIA and four are former military but not ‘retired’, so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ — and he knows that,” Hegseth posted on X.
In response to the FBI scheduling interviews with those in the video, Kelly’s office said the Arizona senator “won’t be silenced.”
“Senator Kelly won’t be silenced by President Trump and Secretary Hegseth’s attempt to intimidate him and keep him from doing his job as a U.S. Senator,” according to a statement from Kelly’s office.
President Donald Trump, joined by first lady Melania Trump, signs the Fostering the Future executive order in the East Room of the White House, Nov. 13, 2025. (Heather Diehl/Getty Images)
(WASHINGTON) — The Trump administration is urging states to stop removing children from their homes over gender-identity disputes at the behest of child welfare agencies without their parents’ approval.
In a letter first obtained by ABC News, the Health and Human Services Department’s Administration for Children and Families (ACF) reminds state child welfare agencies that under the Child Abuse Prevention and Treatment Act (CAPTA), they are barred from removing children from their home because a parent doesn’t agree with the child’s gender identity.
“When states overstep their bounds, ACF will take action to deter inappropriate policies that drive unnecessary interactions with child welfare systems. This is one such example,” ACF Assistant Secretary Alex Adams wrote in a statement Tuesday.
The Trump administration cited multiple examples — from Illinois to California — where children who may reject the sex they were assigned at birth and perceive themselves as a different gender were removed from their homes without parental consent and placed in the child welfare system.
However, Shannon Minter, vice president of legal at the National Center for LGBTQ Rights (NCLR), told ABC News that he is not aware of any state removing children from parents based on their response to a transgender child.
Transgender is an umbrella term for people whose gender identity and/or expression is different from cultural expectations based on the sex they were assigned at birth, according to the Human Rights Campaign.
Minter called the effort a broader push by the Trump administration to “eliminate” all protections for transgender young people.
“No one is advocating for removing children because a parent is struggling to understand,” he said, adding, “But child welfare professionals need the discretion to assess when rejection crosses the line into real harm — the same way they would for any other child.”
Morissa Ladinsky, a clinical professor in pediatrics at Stanford University in California, argued that children aren’t typically removed from their home without parental consent in this fashion.
“My experience tells me that there is likely more to the story,” Ladinsky told ABC News, adding that she has not seen removal over gender disputes fall under the domain of Child Protective Services.
As the division of HHS that promotes welfare assistance and supports the economic and social well-being of children and families, the agency has said ACF’s duty is to protect families and keep them together. ACF’s letter also stressed that parents hold the right to refuse removal according to their religious beliefs and moral convictions around gender identity.
The letter said breaking the law could violate the First Amendment and states could risk losing federal grant funding under CAPTA.
“What we’re doing with this letter is we’re putting states on notice,” Adams told ABC News.
“When policies are either increasing the number of kids committed to the system inappropriately or they’re deterring foster families from stepping up, I do think there was a role for ACF to weigh in,” he said, adding, “It does merit federal action.”
The letter to states bolsters an initiative to protect children from the foster-care system amid a shortage of facilities nationwide with only 57 foster homes for every 100 vulnerable kids coming into the system, according to Adams.
The letter comes at the directive of President Donald Trump’s Fostering the Future for American Children and Families executive order and follows the president’s call during his State of the Union address last week for a federal ban on gender transitions for minors.
“Surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will,” Trump said during his address. “We must ban it and we must ban it immediately.”
Gender identity is described as how a child perceives and calls themself, which can be the same or different from the sex that was assigned to them at birth, according to the Human Rights Campaign.
However, if a child sees themself as different than the sex assigned at birth, parents have the right to reject this self-identification, the ACF letter says. Under federal law, CAPTA states that a child may not be removed from the home without proof of “abuse” or “imminent risk of harm.”
The Trump administration has stated that restoring power to parents is one of its top health, education and humanities priorities. But the letter warns that states are usurping parental rights and potentially misinterpreting the CAPTA law if they remove children from their homes without evidence of “abuse or neglect.”
Under ACF, the health department’s human services division administers the largest federal child care program and other federal services that helps millions of households nationwide.
Prior to ACF’s letter to states, lawmakers have taken several child care-related actions against the nation’s health agency under Secretary Robert F. Kennedy Jr. In a previous letter to Kennedy first reported by ABC News, Sen. Elizabeth Warren and other congressional Democrats said the agency’s alleged “disregard” for child welfare undermines the government’s core child-protection obligations amid federal immigration crackdowns.
Adams stressed Tuesday’s letter is supported by the whole organization, including Kennedy, and the secretary has demonstrated his commitment to improving child welfare outcomes across several different domains.
