Grand Jury Rejects Trump Administration Bid to Indict Democratic Lawmakers

WASHINGTON — A federal grand jury on Tuesday refused to indict six Democratic lawmakers who had drawn President Trump's ire by appearing in a video urging members of the military and intelligence communities to refuse unlawful orders, according to multiple sources familiar with the matter.

The attempted indictment, pursued by the U.S. Attorney's Office for the District of Columbia led by Trump appointee Jeanine Pirro, represents the latest example of the Justice Department targeting the president's perceived political opponents. It is the third time in recent months that prosecutors have failed to secure indictments against Trump's foes, following unsuccessful attempts against former FBI Director James Comey and New York Attorney General Letitia James.

The six Democrats — all veterans of the military or intelligence services — participated in a 90-second video posted to social media in November. In the video, Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire, Chris Deluzio and Chrissy Houlahan of Pennsylvania, and Sens. Mark Kelly of Arizona and Elissa Slotkin of Michigan reminded service members of their obligation under the Uniform Code of Military Justice to refuse illegal orders.

"Now, more than ever, the American people need you," the lawmakers said in the video. "Don't give up the ship." The message came amid growing concerns about the Trump administration's proposals to use military force in ways critics view as potentially illegal, including previous suggestions to kill the families of terrorists and threats to deploy troops to American cities.

President Trump responded to the video on his Truth Social platform with characteristic fury, accusing the lawmakers of "SEDITIOUS BEHAVIOR, punishable by DEATH!" and demanding they be "arrested and put on trial." Within a week, the FBI had opened an inquiry and sought interviews with all six members of Congress.

According to sources briefed on the matter, prosecutors sought to charge the lawmakers under 18 U.S.C. § 2387, a statute that carries a maximum 10-year prison sentence for anyone who "advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military." Legal experts, however, noted that prosecuting members of Congress for political speech raises serious First Amendment concerns.

The Constitution's "speech or debate" clause provides lawmakers immunity from prosecution for acts taken within the legislative sphere — a fundamental protection designed to preserve the separation of powers. The administration has previously dismantled the Public Integrity Section at the Justice Department, which traditionally provided oversight to prevent political abuse of prosecutorial powers.

All six lawmakers publicly condemned the indictment attempt and praised the grand jury's decision. Sen. Kelly, a retired Navy captain, called it an "outrageous abuse of power" and said, "That the DOJ would even contemplate such an action demonstrates what a repressive regime is now running this country." Sen. Slotkin added that the president continues to "weaponize our justice system against his perceived enemies."

Rep. Deluzio of Pennsylvania vowed he "will not be intimidated for a single second by the Trump Administration," while Rep. Goodlander of New Hampshire said the grand jury "honored our Constitution." Rep. Houlahan described the refusal to indict as "good news for the Constitution and the free speech protections it guarantees."

The failed prosecution drew criticism even from some Republicans. Sen. Thom Tillis of North Carolina wrote on social media that "political lawfare waged by either side undermines America's criminal justice system, which is the gold standard of the world." He added: "Political lawfare is not normal, not acceptable, and needs to stop."

It is highly unusual for federal grand juries to decline indictments, as prosecutors typically present cases only when they believe sufficient evidence exists. However, the Justice Department has struggled with grand juries in politically charged cases recently. After a federal judge dismissed an initial indictment of Comey and James, two separate grand juries in Virginia refused to re-indict James on bank fraud charges in December.

Defense Secretary Pete Hegseth has also taken action against at least one of the lawmakers, issuing a formal letter of censure to Sen. Kelly last month and seeking to reduce his retirement rank. Kelly sued Hegseth over the move, which he characterized as political retribution. A federal judge is expected to rule on that case in the coming days.

House Speaker Mike Johnson, a Louisiana Republican, told reporters late Tuesday that the Democrats "probably should be indicted," indicating that the political battle over the video and its aftermath is far from over.