A federal grand jury on Tuesday declined to indict six Democratic lawmakers who posted a video urging service members and intelligence officials to disobey any illegal orders from the Trump administration.
Lawmakers Urged Disobedience to Illegal Orders
The Justice Department’s case centered on a 90-second video featuring Michigan Sen. Elissa Slotkin and Arizona Sen. Mark Kelly, among others. The video warned of “threats to our Constitution” originating “from right here at home,” and repeatedly called on the military and intelligence community to “refuse illegal orders.”
The grand jury’s decision is a rebuke of the administration’s efforts to portray the six lawmakers – all of whom have served in the military or intelligence services – as undermining the president’s authority as commander in chief.
It was not immediately clear which lawmakers were specifically facing potential indictments. The Justice Department has been contacted for comment.
The declination of the indictment is an unusual escalation of the Justice Department’s willingness to prosecute those who speak out against President Donald Trump and his administration’s actions. Grand juries rarely decline to approve charges sought by prosecutors, though such rejections have become more frequent in recent months as the administration has pursued legally questionable cases. Prosecutors can still attempt to secure indictments against the lawmakers at a later date.
A grand jury previously declined to indict New York Attorney General Letitia James, who defeated Trump and his company in court.
The video, released in November, drew immediate criticism from the Trump administration, including accusations of sedition from the president himself, who stated the actions were “punishable by DEATH.”
Within weeks, Slotkin and Kelly, along with Reps. Chrissy Houlahan, Chris Deluzio, Jason Crow and Maggie Goodlander, were contacted by federal prosecutors as part of an investigation into their actions.
Kelly on Tuesday called the attempt to secure an indictment an “outrageous abuse of power.” He stated, “It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime — all because of something I said that they didn’t like. That’s not the way things work in America.”
Slotkin said in a post on X, “Tonight we can score one for the Constitution, our freedom of speech, and the rule of law.” She also criticized the Trump administration for attempting to “weaponize our justice system against his perceived enemies,” adding that the case was brought “at the direction of President Trump, who said repeatedly that I should be investigated, arrested, and hanged for sedition.”
Crow issued a warning to the Trump administration, saying Americans “should be appalled by the fact that Donald Trump and his goons at Department of Justice and everywhere else are weaponizing their justice system just to try to silence dissent and to crush political opponents.” He warned that “the tide is turning” as Americans “are rising up against the corruption and the rank abuse of this administration.”
Deluzio said on X, “I will not be intimidated for a single second by the Trump Administration or Justice Department lawyers who tried and failed to indict me today.”
Goodlander responded in a statement, saying, “Today an American grand jury honored our Constitution by standing up to an outrageous abuse of presidential power and taxpayer dollars. No matter the threats, I will keep doing my job and upholding my oath to our Constitution.”
Houlahan said on X, “This is good news for the Constitution and the free speech protections it guarantees. The grand jury upheld the rule of law – this is a win for all Americans.”
House Speaker Mike Johnson, however, said the six Democratic lawmakers “probably should be indicted,” following the failed attempt. He argued that they went “further” than articulating the law regarding illegal orders, suggesting they were encouraging disobedience, which he deemed “very serious.”
Kelly’s participation in the video has also drawn scrutiny from the Pentagon, where Defense Secretary Pete Hegseth is attempting to punish the senator by reducing his military rank and issuing a letter of censure.
However, those plans may be halted as soon as this week. A federal judge in Washington is expected to rule by Wednesday on Kelly’s challenge to Hegseth’s actions. The judge has previously expressed skepticism about the constitutionality of Hegseth’s actions, suggesting he may be infringing on Kelly’s First Amendment rights.
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