Grand Jury Declines To Indict Democratic Lawmakers Over “Illegal Orders” Video
A federal grand jury has declined to indict six Democratic lawmakers who urged members of the military and intelligence community to refuse any unlawful orders from the Trump administration, according to two people familiar with the matter.
The Justice Department had been investigating a 90-second video posted in November that featured Sens. Elissa Slotkin of Michigan and Mark Kelly of Arizona, along with Reps. Jason Crow of Colorado, Chrissy Houlahan and Chris Deluzio of Pennsylvania, and Maggie Goodlander of New Hampshire.
In the clip, the lawmakers warned that “threats to our Constitution” could come “from right here at home” and repeatedly told service members to “refuse illegal orders.”
The decision not to indict marks a setback for the administration’s effort to portray the lawmakers as undermining the president’s authority as commander in chief. All six have prior experience in the military or intelligence services.
Rare grand jury rejection
Grand juries rarely decline to approve charges sought by federal prosecutors. However, recent months have seen several high-profile cases falter at that stage. As previously reported, a grand jury also declined to indict New York Attorney General Letitia James in a separate matter tied to legal battles with former President Donald Trump.
Although the grand jury rejected charges in this case, prosecutors could still attempt to seek indictments again.
Lawmakers push back
Sen. Kelly called the investigation an “outrageous abuse of power,” saying he was targeted over speech protected by the Constitution.
“It wasn’t enough to threaten my military retirement status,” Kelly said in a statement. “Now it appears they tried to charge me with a crime because of something they didn’t like. That’s not how America works.”
Slotkin, who helped organize the video, described the outcome as “a win for the Constitution, free speech, and the rule of law.” She accused the administration of trying to “weaponize” the Justice Department against political opponents.
Rep. Crow issued a blunt warning, saying Americans should be alarmed by what he called attempts to silence dissent. Deluzio and Goodlander echoed similar sentiments, saying they would continue to uphold their oaths and would not be intimidated.
Houlahan wrote that the decision was “good news for the Constitution and the free speech protections it guarantees.”
GOP criticism continues
House Speaker Mike Johnson criticized the lawmakers and said they “probably should be indicted,” arguing their comments went beyond simply restating the law about unlawful orders.
“They were suggesting that they disobey orders, and I think that crosses the line,” Johnson told reporters at the Capitol.
Meanwhile, Kelly’s involvement in the video has drawn scrutiny from the Pentagon. Defense Secretary Pete Hegseth has moved to reduce Kelly’s final military rank and issue a formal censure, steps that would affect his retirement pay.
A federal judge in Washington is expected to rule soon on Kelly’s legal challenge to those actions. The judge previously signaled skepticism that the move was constitutional, suggesting it may violate First Amendment protections.
The grand jury’s decision does not end the political fight, but for now it halts what critics described as an unprecedented attempt to criminalize speech directed at safeguarding constitutional limits on executive power.
