DC Grand Jury Refuses To Indict 6 Democrats Who Encouraged Military To Refuse Trump’s Orders
In a dramatic legal turn, a federal grand jury declined Tuesday to indict six Democratic lawmakers over a video in which they urged members of the military and intelligence communities to refuse unlawful orders.
According to multiple sources familiar with the matter, the indictment effort was led by the U.S. Attorney’s Office for the District of Columbia, currently headed by Trump appointee Jeanine Pirro. The attempt ultimately failed when prosecutors were unable to secure probable cause from the grand jury — a rare outcome in the federal system, where indictments are typically granted.
The video at the center of the controversy was posted in November and featured Reps. Jason Crow (CO), Maggie Goodlander (NH), Chris Deluzio (PA), and Chrissy Houlahan (PA), along with Sens. Mark Kelly (AZ) and Elissa Slotkin (MI). All six have prior military or intelligence backgrounds.
In the video, the lawmakers stated that members of the armed forces and intelligence services are obligated under the Uniform Code of Military Justice to follow lawful orders — and to refuse those that are manifestly illegal. “Now, more than ever, the American people need you,” they said. “Don’t give up the ship.”
President Trump sharply criticized the video at the time, calling it “SEDITIOUS BEHAVIOR, punishable by DEATH!” on his Truth Social platform. However, legal scholars have widely argued that prosecuting members of Congress for political speech would raise serious First Amendment concerns. Additionally, the Constitution’s Speech or Debate Clause grants lawmakers immunity for actions within the legislative sphere, reinforcing separation of powers protections.
It remains unclear what specific charges prosecutors were seeking.
The investigation reportedly involved political appointees rather than career Justice Department prosecutors. The Justice Department has not publicly commented on the failed indictment effort.
The case has intensified scrutiny over the Justice Department’s internal structure. Traditionally, investigations involving sitting members of Congress require oversight from the department’s Public Integrity Section, which historically served as a safeguard against politically motivated prosecutions. That office has reportedly been dismantled under the current administration.
The six lawmakers responded defiantly.
Sen. Mark Kelly said the attempt to pursue charges reflected retaliation for speech the administration disliked. “That’s not the way things work in America,” he said in a statement, adding that Americans should not be afraid to speak out.
Sen. Elissa Slotkin described the episode as “another sad day for our country,” arguing that the mere pursuit of charges signaled politicization. Other lawmakers involved echoed similar sentiments, framing the grand jury’s refusal as a defense of constitutional free speech protections.
This is not the first instance in which prosecutors under Pirro’s leadership have struggled to secure indictments. In separate cases involving other political figures, grand juries have also declined to move forward.