A federal grand jury refused to indict six Democratic lawmakers over a viral “illegal orders” video that drew fury from President Donald Trump and top Republicans.
The decision marked a setback for an effort pursued by the office of U.S. Attorney for the District of Columbia Jeanine Pirro, according to reporting first cited by The New York Times.
The controversy traces back to a joint video released in November after the Trump administration carried out deadly boat strikes in the Caribbean.
In the recording, the lawmakers urged members of the military and intelligence community to stand firm in their oath to the Constitution.
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
“We know you are under enormous stress and pressure right now, Americans trust their military, but that trust is at risk,” the group of Democrats stated.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens like us. You all swore an oath to protect and defend this constitution.”
They followed with a reminder about lawful authority. “Now, more than ever, the American people need you,” the group added. “Don’t give up the ship.”
Under the Uniform Code of Military Justice, service members must obey lawful orders and refuse those that are illegal.
President Trump blasted the video on Truth Social, calling it “SEDITIOUS BEHAVIOR, punishable by DEATH!”
He later floated the idea that the lawmakers should face prosecution, removal from office, prison, and even execution.
The six Democrats featured in the clip include Sens. Elissa Slotkin of Michigan and Mark Kelly of Arizona, along with Reps. Jason Crow of Colorado, Chrissy Houlahan of Pennsylvania, Chris Deluzio of Pennsylvania and Maggie Goodlander of New Hampshire.
🚨 VENEZUELAN DICTATOR NICOLAS MADURO IN U.S. CUSTODY 🚨 Do you AGREE Trump made America STRONG again??? ➡️➡️➡️ TAKE THE FREEDOM POLL NOW and stand with President Trump!!!🇺🇸🇺🇸🇺🇸
The FBI sought interviews with all six members of Congress, and the group disclosed in January that the Justice Department had opened an investigation.
Federal prosecutors aimed to secure indictments under a statute that bars interference with the loyalty, morale, or discipline of the U.S. military, the New York Times reported.
The grand jury declined to hand down charges on Tuesday, which prompted rapid responses from accused lawmakers.
Slotkin celebrated the outcome on X, writing, “Tonight we can score one for the Constitution, our freedom of speech, and the rule of law.”
Today, U.S. Attorney Jeanine Pirro attempted to persuade a Grand Jury to indict me. This was in response to me organizing a 90-second video that simply quoted the law. Pirro did this at the direction of President Trump, who said repeatedly that I should be investigated, arrested,…
— Sen. Elissa Slotkin (@SenatorSlotkin) February 11, 2026
She accused the Trump administration of trying to “weaponize our justice system against his perceived enemies.”
Slotkin added that the case was brought “at the direction of President Trump, who said repeatedly that I should be investigated, arrested, and hanged for sedition.”
Kelly labeled the effort to indict him an “outrageous abuse of power.”
“It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime — all because of something I said that they didn’t like. That’s not the way things work in America,” Kelly said in a statement.
“Donald Trump wants every American to be too scared to speak out against him. The most patriotic thing any of us can do is not back down,” Kelly added.
A separate legal battle now looms over Defense Secretary Pete Hegseth’s actions against Kelly tied to the same video.
Hegseth issued a formal letter of censure last month and began proceedings aimed at reducing Kelly’s retirement rank as a Navy captain.
“As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. And the Department of War — and the American people — expect justice,” Hegseth wrote on X.
Hegseth also announced that in response to Kelly’s “seditious statements — and his pattern of reckless misconduct,” the Pentagon initiated “retirement grade determination proceedings” that could lower Kelly’s retired grade and pay.
“This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file,” he added.
Houlahan framed the grand jury decision as a defense of constitutional rights.
“This is good news for the Constitution and the free speech protections it guarantees. The grand jury upheld the rule of law – this is a win for all Americans,” she posted.
Deluzio struck a similarly defiant tone. “I will not be intimidated for a single second by the Trump Administration or Justice Department lawyers who tried and failed to indict me today,” he wrote on X.
Goodlander echoed that message, stating, “Today an American grand jury honored our Constitution by standing up to an outrageous abuse of presidential power and taxpayer dollars. No matter the threats, I will keep doing my job and upholding my oath to our Constitution.”
Crow added that Americans “should be appalled by the fact that Donald Trump and his goons at Department of Justice and everywhere else are weaponizing their justice system just to try to silence dissent and to crush political opponents.”
“Not only should Americans be angry at that — they have chosen the wrong people,” he argued. “If these f–kers think that they’re going to intimidate us and threaten and bully me into silence, and they’re going to go after political opponents and get us to back down, they have another thing coming.”
Crow claimed that the “tide is turning” as Americans “are rising up against the corruption and the rank abuse of this administration.”
House Speaker Mike Johnson offered a starkly different reaction according to CNN.
“I mean, look, I think that anytime you’re obstructing law enforcement and getting in the way of these sensitive operations, it’s a very serious thing, and it probably is a crime. And, yeah, they probably should be indicted,” he told reporters.
Johnson argued the Democrats in the video went beyond outlining the law on illegal orders.
“They were suggesting that they disobey orders, and I think that crosses the line. It’s very serious. I’m glad new attention has been paid to it, and I hope that they straighten up their act,” he added.
