WASHINGTON — A federal grand jury on Tuesday declined to indict six Democratic lawmakers accused by the Trump administration of urging military personnel to disobey unlawful orders, a decision that represents a significant setback for the Justice Department and prompted immediate criticism from President Trump. The lawmakers, all veterans of the military or intelligence communities, had released a video in November calling on service members to resist orders they believed to be illegal.
The U.S. Attorney’s Office for the District of Columbia, led by Trump appointee Jeanine Pirro, had sought the indictments, arguing the lawmakers’ statements constituted an attempt to undermine military discipline, according to reports in the Washington Post. Prosecutors reportedly aimed to charge the representatives and senators with offenses related to interfering with the loyalty, morale, or discipline of the armed forces. But, the grand jury refused to return an indictment, signaling a reluctance to pursue criminal charges.
The six Democrats involved in the video are 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. Slotkin, a former CIA analyst, released a statement on Instagram Tuesday stating the video “simply cited the law” and expressed hope for the “final end” to what she characterized as a “politically motivated” investigation.
The failed prosecution is the latest in a series of attempts by the Trump administration to pursue legal action against perceived political opponents. The Justice Department has faced scrutiny for cases involving former FBI Director James Comey and New York Attorney General Letitia James, both of which were challenged and, in James’ case, dismissed by a federal judge in late November. According to the New York Times, the attempt to prosecute the six lawmakers was an “extraordinary” effort to politicize the criminal justice system.
President Trump responded to the grand jury’s decision with sharp criticism, accusing the lawmakers of “SEDITIOUS BEHAVIOR” in a post on his Truth Social platform and calling for their imprisonment. He also claimed, without providing evidence, that the lawmakers were “traitors” who had encouraged the military to disobey his orders. The Pentagon had previously indicated it was considering a court-martial for Senator Kelly, a claim the senator’s office has not addressed.
The administration’s pursuit of the case coincided with a period of heightened tension between the White House and the military. Trump repeatedly suggested deploying the National Guard to cities led by Democrats to suppress protests and enforce immigration policies, despite objections from local leaders. He also authorized a series of military strikes in countries including Nigeria, Iran, and Venezuela, including the capture of Venezuelan President Nicolas Maduro, and authorized strikes against vessels suspected of drug trafficking in the Caribbean and Pacific, resulting in at least 130 civilian deaths, actions that have been questioned by legal experts.
Senator Kelly, speaking on X (formerly Twitter) Tuesday, stated, “Donald Trump wants every American to be too afraid to speak out against him. The most patriotic thing You can do is refuse to back down.” The FBI had reportedly sought interviews with the six lawmakers as part of the investigation, prompting accusations of intimidation from the targeted representatives.
The Justice Department and the U.S. Attorney’s Office declined to comment on the grand jury’s decision as of Tuesday evening.
