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A federal grand jury on Tuesday chose not to bring charges against a group of Democratic lawmakers who appeared in a video encouraging members of the military and intelligence community to refuse any unlawful directives from the Trump administration, according to sources familiar with the case.
The Justice Department’s review centered on a brief video clip, approximately 90 seconds long, featuring six Democratic officials — among them Senators Elissa Slotkin of Michigan and Mark Kelly of Arizona. In the video, the lawmakers warned of potential “threats to our Constitution” originating domestically and repeatedly urged service members to reject illegal orders.
The decision not to indict represents a setback for efforts to characterize the lawmakers’ message as an attempt to undermine the president’s role as commander in chief. All six officials involved have prior experience in the military or intelligence fields.
It remains unclear which specific lawmakers were under consideration for indictment. Requests for comment have been directed to the Justice Department.
Although grand juries typically approve charges presented by prosecutors, refusals do occur. Legal experts note that prosecutors retain the option to present the case again in pursuit of indictments.
A similar situation occurred previously when a grand jury declined to indict New York Attorney General Letitia James in a separate matter involving former President Trump.
The video, originally shared in November, sparked immediate criticism from Trump administration officials. Former President Trump himself accused the lawmakers of engaging in “sedition,” suggesting severe consequences.
In the weeks that followed, several of the lawmakers — including Slotkin, Kelly, Representatives Chrissy Houlahan, Chris Deluzio, Jason Crow, and Maggie Goodlander — said they had been contacted by federal prosecutors as part of an investigation.
Senator Kelly described the attempt to seek charges as an “abuse of power,” stating that expressing disagreement with the administration should not result in criminal prosecution. He also referenced separate actions by Defense Secretary Pete Hegseth, who has reportedly sought to formally censure him and reduce his retired military rank, a move that could affect his pension.
Senator Slotkin wrote on social media that the grand jury’s decision was a victory for constitutional protections, free speech, and the rule of law. She criticized what she described as efforts to use the justice system against political opponents.
Representative Jason Crow strongly condemned the investigation, accusing administration officials of attempting to silence dissent. Representatives Deluzio, Goodlander, and Houlahan issued similar statements, framing the grand jury’s decision as a defense of constitutional principles and free speech rights.
House Speaker Mike Johnson, however, expressed disagreement with the outcome, suggesting that encouraging resistance to presidential directives may cross legal boundaries. He argued that urging service members to disobey orders could be considered serious misconduct.
Meanwhile, legal proceedings are ongoing regarding the Pentagon’s actions toward Senator Kelly. A federal judge in Washington has indicated a ruling is imminent on Kelly’s challenge to the Defense Secretary’s proposed disciplinary measures. During a recent hearing, the judge reportedly questioned whether those actions might infringe upon Kelly’s First Amendment rights.
Further developments are expected as the situation continues to unfold.