Trump Administration's Attempt to Charge Democrats Over 'Illegal Orders' Video Falls Flat
WASHINGTON — On Tuesday, the Trump administration's bid to indict six Democratic lawmakers over a video urging military and intelligence personnel to reject unlawful orders ended in failure, according to three sources familiar with the situation.
The video, which surfaced on social media in November, featured Reps. Jason Crow (CO), Maggie Goodlander (NH), Chris Deluzio (PA), Chrissy Houlahan (PA), and Sens. Mark Kelly (AZ) and Elissa Slotkin (MI). These lawmakers, all with military or intelligence backgrounds, asserted that the Trump administration was creating a divide between military members and American citizens.
“Now, more than ever, the American people need you,” they stated in the video. “Don’t give up the ship.” Under the Uniform Code of Military Justice, military personnel are required to disobey manifestly illegal orders.
Despite the gravity of the situation, the U.S. Attorney’s Office for the District of Columbia, led by Trump appointee Jeanine Pirro, could not persuade a single juror that there was sufficient evidence to proceed with charges. Federal grand juries typically consist of 16 to 23 members, requiring at least 12 votes to advance an indictment.
Legal experts have raised concerns about the implications of prosecuting lawmakers for their political speech, citing First Amendment protections. The “speech or debate” clause of the Constitution further shields legislators from prosecution for actions taken within their legislative duties.
Trump took to his social media platform, Truth Social, accusing the Democratic lawmakers of “SEDITIOUS BEHAVIOR, punishable by DEATH!” This rhetoric has drawn criticism for its potential chilling effect on free speech.
Slotkin expressed hope that the grand jury's decision would bring an end to what she termed a "politicized investigation." She remarked on X, “Today wasn’t just an embarrassing day for the Administration. It was another sad day for our country.”
In a separate case, a federal judge is expected to rule soon on actions taken by Defense Secretary Pete Hegseth against Kelly regarding his participation in the video. Hegseth had issued a formal censure and sought to lower Kelly's retirement rank.
Kelly responded, stating, “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.”
Deluzio and Goodlander echoed similar sentiments on X, vowing not to be intimidated by the administration's tactics. Houlahan called the outcome “good news for the Constitution and the free speech protections it guarantees.”
Under longstanding Justice Department policy, any investigation involving a sitting member of Congress typically requires oversight from the Public Integrity Section. However, this section has been dismantled under the Trump administration, raising concerns about potential abuses of power.
The administration has previously struggled to secure indictments against perceived political adversaries. After a federal judge dismissed an initial indictment against New York Attorney General Letitia James, two separate grand juries also found insufficient evidence to proceed with charges.
Under Pirro’s leadership, the U.S. attorney's office has faced challenges in securing convictions, including a recent case where a jury acquitted an individual who threw a Subway sandwich at a federal officer during a Trump-related event.
