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Grand Jury Declines to Indict Lawmakers Over "Illegal Orders" Video

2/13/2026, 10:28:26 PM

Overview of the Investigation and Grand Jury Decision

A federal grand jury in Washington, D.C., declined to indict six Democratic lawmakers, including Senators Elissa Slotkin (D-Mich.) and Mark Kelly (D-Ariz.), over their participation in a video urging military personnel to refuse illegal orders. The video, released in November 2025, featured Slotkin, Kelly, and four Representatives—Jason Crow (D-Colo.), Chrissy Houlahan (D-Penn.), Chris Deluzio (D-Penn.), and Maggie Goodlander (D-N.H.)—all of whom have military or intelligence backgrounds. The lawmakers emphasized that service members have a duty to disobey unlawful commands, a principle rooted in the Uniform Code of Military Justice.

The investigation was initiated following President Donald Trump's vehement condemnation of the video, which he labeled as "seditious behavior, punishable by death." The U.S. Attorney for the District of Columbia, Jeanine Pirro, sought the indictment, alleging that the lawmakers violated a law prohibiting interference with military loyalty and morale. However, the grand jury's refusal to indict is notable, as such rejections are rare.

Responses from Lawmakers

Following the grand jury's decision, Slotkin expressed relief, stating, "Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed." She criticized the Trump administration for what she described as an attempt to weaponize the justice system against political opponents. Slotkin remarked, "This is not about real law; it’s about weaponizing the Justice Department against people you disagree with."

Mark Kelly echoed her sentiments, calling the indictment attempt an "outrageous abuse of power by Donald Trump and his lackeys." He emphasized the importance of free speech, asserting that the video was a lawful expression of dissent.

Criticism of the Administration's Actions

The lawmakers and their supporters have framed the indictment attempt as part of a broader pattern of political intimidation by the Trump administration. Slotkin noted that the investigation was not merely about the video but reflected a troubling trend of using governmental power to silence dissent. "This is the kind of thing you see in a foreign country, not in the United States we know and love," she stated.

Several Republican senators, while critical of the video, expressed relief at the grand jury's decision. Senate Armed Services Committee Chair Roger Wicker (R-Miss.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) both indicated that the grand jury's action was appropriate, emphasizing the need for the justice system to remain free from political influence.

What's Next for the Lawmakers

While the grand jury's decision marks a significant moment for the lawmakers involved, the legal challenges are not over. Kelly is currently suing Defense Secretary Pete Hegseth over administrative actions taken against him, including attempts to demote his military rank and pension due to his participation in the video. Slotkin and her colleagues have indicated that they are keeping their legal options open, suggesting that this may not be the last legal battle stemming from the incident.

Conclusion

The grand jury's refusal to indict the six Democratic lawmakers highlights the complexities of political speech and the legal boundaries surrounding it. As the situation evolves, the implications for free speech, military protocol, and political accountability remain significant points of discussion in the ongoing discourse surrounding the Trump administration's approach to dissent.