A grand jury in Washington rejected federal prosecutors this week when they tried to indict six Democratic lawmakers. The group of ordinary citizens on the grand jury told the Justice Department they weren’t buying the case against these members of Congress. This unusual signal shows they simply didn’t believe the lawmakers had committed any crimes.
The move to charge these sitting members of Congress was an extraordinary attempt by prosecutors. The effort was led by the U.S. attorney’s office in Washington, headed by Jeanine Pirro, a longtime ally of President Trump. Even for a Justice Department that has repeatedly broken norms of independence from the White House, this push to prosecute political opponents following President Trump’s orders was widely considered shocking.
President Trump was clearly angry about the video the lawmakers released, which focused on the duty of service members to refuse illegal orders. According to The New York Times, he posted on Truth Social in November, accusing the lawmakers of promoting treason and sedition. “IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME,” President Trump wrote. He then issued a warning, stating that sedition is “punishable by DEATH.”
Grand juries rarely reject prosecutors, but citizens saw through this political prosecution
The video featured six lawmakers, all veterans of the military or intelligence community. The group included Senators Mark Kelly of Arizona and Elissa Slotkin of Michigan, alongside Representatives Jason Crow of Colorado, Maggie Goodlander of New Hampshire, Chrissy Houlahan of Pennsylvania, and Chris Deluzio of Pennsylvania.
They used their combined experience to remind active-duty members of the military and intelligence community that they must refuse illegal orders. “You can refuse illegal orders. You must refuse illegal orders,” the lawmakers stated directly in the video, while also referring to perceived threats to the Constitution within the country. This isn’t the first time the President has posted controversial content on social media.
The prosecutors tried to persuade the grand jurors that the lawmakers had violated a specific law. This law forbids interfering with the loyalty, morale, or discipline of the U.S. armed forces. The grand jury was not convinced. It’s extremely rare for grand jurors to reject requests from prosecutors seeking indictments.
When prosecutors go to a grand jury, they almost always get the indictment they want. However, this has happened more often to the Justice Department under President Trump, particularly as his appointees push ahead with cases that many observers feel are highly questionable or politically motivated. The President has previously made unprecedented calls about election procedures that raised concerns.
This isn’t the only action taken against the lawmakers following the video’s release. Senator Kelly recently filed a civil suit against Secretary of Defense Pete Hegseth. Hegseth took action against Kelly, attempting to reduce his rank and pension based solely on the video’s content.
Senator Kelly stated that Hegseth’s actions are an unconstitutional crusade that sends a “chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.”
Published: Feb 11, 2026 02:45 pm