A federal grand jury on Tuesday (February 10) rejected an attempt by the Trump administration to indict six Democratic lawmakers who appeared in a video reminding military and intelligence personnel they can refuse illegal orders.
The U.S. Attorney’s Office for the District of Columbia, led by Trump appointee Jeanine Pirro, sought indictments against Senators Mark Kelly of Arizona and Elissa Slotkin of Michigan, along with Representatives Jason Crow of Colorado, Chrissy Houlahan and Chris Deluzio of Pennsylvania, and Maggie Goodlander of New Hampshire.
All six lawmakers have backgrounds in military or intelligence services. In their November video, they reminded service members of their obligation under the Uniform Code of Military Justice to refuse manifestly illegal orders.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens like us,” the lawmakers said in the video. “You all swore an oath to protect and defend this constitution.”
The failed indictment attempt represents the latest instance of the Justice Department targeting President Trump’s political opponents. Legal experts have consistently maintained that prosecuting lawmakers for protected political speech raises serious First Amendment concerns.
“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,” Senator Kelly said in a statement. “That’s not the way things work in America.”
House Minority Leader Hakeem Jeffries celebrated the grand jury’s decision, saying “Justice prevailed” and that the grand jury “upheld and honored the Constitution, doing what Donald Trump and his Republican sycophants lack the character to do.”
This rejection marks another setback for Pirro’s office, which has struggled to secure indictments and convictions in several high-profile cases, including previous failed attempts to indict New York Attorney General Letitia James.
A separate legal battle continues as Defense Secretary Pete Hegseth has sought to censure Senator Kelly and reduce his retirement rank as a Navy captain. A federal judge is expected to rule on that case in the coming days, with early indications suggesting Kelly may prevail in his lawsuit challenging the Pentagon’s actions.
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