DOJ Fails to Indict Six Democrats Over Military Video
The Trump administration’s Department of Justice attempted and failed to indict six Democratic lawmakers who appeared in a November video urging military and intelligence personnel to refuse unlawful orders. The federal grand jury in Washington, D.C., rejected the prosecution’s case on Tuesday, with prosecutors unable to convince even a single juror that probable cause existed for charges, according to sources familiar with the investigation. The video featured Representatives Jason Crow of Colorado, Maggie Goodlander of New Hampshire, Chris Deluzio and Chrissy Houlahan of Pennsylvania, and Senators Mark Kelly of Arizona and Elissa Slotkin of Michigan—all with military or intelligence backgrounds—explaining that service members can refuse orders that are manifestly illegal under the Uniform Code of Military Justice.
The prosecution, led by Trump appointee Jeanine Pirro at the U.S. Attorney’s Office for the District of Columbia, employed political appointees rather than career prosecutors, according to one source. Trump had publicly accused the lawmakers of “SEDITIOUS BEHAVIOR, punishable by DEATH” on his Truth Social platform following the video’s release. Legal experts widely rejected the prosecution’s theory, citing both First Amendment protections for political speech and the Constitution’s speech-or-debate clause, which grants lawmakers immunity from prosecution for legislative acts.
The failed indictment reflects a broader pattern of weaponizing the Justice Department against Trump’s perceived political opponents. The administration previously dismantled the Public Integrity Section, eliminating standard oversight requirements that normally govern investigations of sitting members of Congress, especially those involving free speech considerations. The Justice Department has also failed to secure indictments against New York Attorney General Letitia James before separate grand juries in Norfolk and Alexandria, and Pirro’s office has struggled to obtain convictions even in cases involving alleged assaults on federal officers.
Senator Kelly stated that the prosecution attempt followed administrative retaliation by Defense Secretary Pete Hegseth, who issued a formal censure and sought to reduce Kelly’s retirement rank to punish his participation in the video. Slotkin condemned the effort as indicative of Trump’s authoritarian approach, declaring that “whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies.” Other lawmakers rejected intimidation tactics, with Representative Crow stating that “Americans should be furious that Trump and his goons tried to weaponize our justice system again against his political opponents.”