A grand jury in Washington declined Tuesday to indict six Democratic lawmakers whom the Justice Department investigated for encouraging military personnel to refuse illegal orders from the federal government.
The decision represents a significant setback for the Justice Department, which had opened an investigation into a video featuring the lawmakers, all of whom previously served in the military or intelligence agencies. The video called upon troops and intelligence community members to uphold their constitutional oaths by refusing orders they deemed illegal.
The lawmakers featured in the video were Senators Elissa Slotkin of Michigan and Mark Kelly of Arizona, along with Representatives Chris Deluzio and Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire, and Jason Crow of Colorado.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the lawmakers stated in their video message. “Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats coming to our Constitution are not just coming from abroad but from right here at home. Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”
The grand jury’s refusal to sign off on charges leaves open several questions about the government’s case. It remains unclear whether prosecutors sought indictments against all six lawmakers or what specific charges they attempted to bring. The Justice Department retains the option to present the case to another grand jury in pursuit of indictments.
President Donald Trump had characterized the lawmakers as traitors engaged in sedition, stating they should be imprisoned. He went further in one instance, suggesting they should face execution, though he subsequently attempted to retract that particular comment.
The controversy took a darker turn when Senator Slotkin, who previously worked at the Central Intelligence Agency and the Defense Department, received a bomb threat days after the video’s release and the President’s statements regarding the lawmakers.
In a statement following the grand jury’s decision, Slotkin framed the outcome as a victory for constitutional principles. “Tonight we can score one for the Constitution, our freedom of speech, and the rule of law,” she said.
The case has raised fundamental questions about the boundaries of political speech, particularly when it involves current lawmakers addressing military personnel about their obligations under law. The lawmakers maintained throughout that they were simply reminding service members of their existing legal duty to refuse unlawful orders, a principle established in military law and the Uniform Code of Military Justice.
The grand jury’s decision to decline prosecution suggests that the panel of citizens found insufficient evidence of criminal wrongdoing, or that they determined the lawmakers’ statements fell within protected political speech. Grand juries serve as a check on prosecutorial power, requiring prosecutors to demonstrate probable cause before bringing charges.
The outcome leaves the Justice Department with a decision about whether to pursue the matter further or to accept the grand jury’s determination.
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