In a notable decision, a Washington grand jury has opted not to indict several Democratic lawmakers involved in a contentious video urging military personnel to defy “illegal orders.” This decision marks another instance of grand juries in the capital city pushing back against prosecutors’ efforts in recent months.
The Justice Department had initiated an investigation into the video, which featured Democratic figures such as Sens. Mark Kelly and Elissa Slotkin, along with four other lawmakers, all of whom have backgrounds in the military or intelligence services. The video advised service members to adhere to established military protocols and disregard orders perceived as unlawful.
While the specific charges pursued by prosecutors remain unclear, the grand jury’s refusal to indict these lawmakers reflects a growing trend of jurors not finding the evidence compelling enough to proceed. Prosecutors, however, may still attempt to bring charges again in the future.
Efforts to reach the U.S. attorney’s office and the Justice Department for comments on Tuesday were unsuccessful. Meanwhile, the FBI’s efforts to interview the involved lawmakers began in November amid accusations from President Donald Trump and his aides, who labeled the video “seditious”, with Trump claiming on social media it was an offense “punishable by death.”
In addition to Kelly and Slotkin, the video featured Reps. Jason Crow, Chrissy Houlahan, Maggie Goodlander, and Chris Deluzio. Slotkin, a former CIA analyst from Michigan, expressed hope that the grand jury’s decision would conclude the Justice Department’s probe. “Tonight we can score one for the Constitution, our freedom of speech, and the rule of law,” she stated, adding, “But today wasn’t just an embarrassing day for the Administration. It was another sad day for our country.”
Kelly, who served as a Navy pilot and represents Arizona, denounced the attempt to charge the lawmakers as an “outrageous abuse of power by Donald Trump and his lackies,” further asserting on X that “Donald Trump wants every American to be too scared to speak out against him.”
The incident has also drawn attention from the Pentagon, which launched an investigation into Kelly based on a federal law that could see retired service members recalled to active duty for potential court-martial. Defense Secretary Pete Hegseth has moved to retroactively demote Kelly from his retired rank of captain. Kelly is suing Hegseth to halt these proceedings, labeling them unconstitutional retribution. During a recent hearing, the judge expressed skepticism about the government’s arguments defending Kelly’s censure.
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