A federal grand jury has declined to indict six congressional members over a controversial video encouraging military personnel to reject unlawful commands, marking a significant legal setback for prosecutors. The case, pursued by the District of Columbia U.S. Attorney’s office under Trump-appointee Jeanine Pirro, alleged seditious conspiracy against the Democratic lawmakers.
The investigation originated from a 90-second video disseminated last November, wherein the legislators—all with military or intelligence backgrounds—advised service members they retain the right to refuse illegal orders. The video emerged during heightened scrutiny of U.S. naval operations targeting suspected drug trafficking vessels near South American coasts.
Among those involved, Senator Mark Kelly—a former Navy captain and astronaut—has initiated separate litigation against the government for attempting to downgrade his retirement rank in retaliation. Following the grand jury’s decision, Kelly publicly denounced the proceedings as “an outrageous abuse of power by Donald Trump and his lackies,” referencing both the rank reduction threat and the criminal investigation.
The Justice Department sought charges under statute 18 U.S.C. § 2387, which criminalizes incitement of military insubordination and carries potential decade-long prison terms. Other representatives implicated include Jason Crow (Colorado), Maggie Goodlander (New Hampshire), Chris Deluzio and Chrissy Houlahan (Pennsylvania), and Elissa Slotkin (Michigan).
Slotkin hailed the outcome as a victory for judicial integrity, stating on social media: “Today, it was a grand jury of anonymous American citizens who upheld the rule of law… Hopefully this ends this politicized investigation for good.”
Critics of the Trump administration condemned the probe as both a free speech infringement and another example of targeting perceived political opponents. The BBC has contacted the Justice Department for commentary regarding the terminated investigation.