Federal Grand Jury Declines to Indict Six Democratic Lawmakers Over "Illegal Orders" Video

Six Democratic members of Congress, all with military or intelligence backgrounds, released a video in November advising service members to refuse illegal orders. Former President Donald Trump responded by calling their actions "seditious behavior" and suggesting severe penalties. Following an inquiry by the Justice Department into the lawmakers' conduct, a federal grand jury ultimately declined to issue an indictment against them.

Lawmakers Release Video on Military Orders

In November, a video was released online featuring six Democratic members of the House and Senate: Representatives Jason Crow (Colorado), Chris Deluzio (Pennsylvania), Maggie Goodlander (New Hampshire), and Chrissy Houlahan (Pennsylvania), along with Senators Mark Kelly (Arizona) and Elissa Slotkin (Michigan). All six lawmakers have backgrounds in the U.S. military or intelligence community.

In the video, these lawmakers stated that military and intelligence personnel "can refuse illegal orders" and "must refuse illegal orders."

They asserted that "threats to our Constitution aren't just coming from abroad, but right here at home" and that the current administration was "pitting our uniformed military and intelligence community professionals against American citizens." The video concluded with the phrase, "Don't give up the ship."

The lawmakers defended the video's message, stating it aligned with the Uniform Code of Military Justice and the Constitution. They cited concerns about various proposals by former President Trump regarding military use, which they viewed as potentially unlawful, including a 2016 suggestion to kill the families of terrorists and a threat to deploy troops to Chicago. Legal experts generally agree that military members are obligated to follow legal orders but are not required to follow illegal ones, with disobedience mandated for orders deemed "manifestly unlawful."

Former President Trump's Response

Former President Donald Trump commented on the video via Truth Social, characterizing the lawmakers' statements as "really bad, and dangerous to our country." He posted:

• "Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???"

Approximately an hour later, he shared another post, stating, "SEDITIOUS BEHAVIOR, punishable by DEATH!"

Mr. Trump also reposted comments from other Truth Social users, which included suggestions that the Democrats should be hanged or indicted due to the video. He later clarified that he was "not threatening death" but stated the lawmakers were "in serious trouble."

Lawmakers and Democratic Leadership React

The Democratic lawmakers featured in the video issued a joint statement in response to Mr. Trump's posts. They affirmed their status as "veterans and national security professionals" who have sworn an oath to the Constitution.

The lawmakers declared that "No threat, intimidation, or call for violence will deter us from that sacred obligation." They also urged all Americans to "unite and condemn the President's calls for our murder and political violence."

House Democratic leadership, including House Minority Leader Hakeem Jeffries (New York), whip Katherine Clark (Massachusetts), and Caucus Chair Pete Aguilar (California), released a statement condemning Mr. Trump's remarks and calling for House Republicans to do the same. They confirmed that contact had been made with the House Sergeant at Arms and the United States Capitol Police to ensure the safety of the involved members and their families, and urged Mr. Trump to "immediately delete these unhinged social media posts and recant his violent rhetoric."

Representatives Jason Crow and Senator Elissa Slotkin reported receiving death threats and a significant increase in threats to themselves, their families, and staff following Mr. Trump's social media posts. Representative Crow stated he would not be "intimidated" by these threats.

White House Press Secretary's Comments

White House Press Secretary Karoline Leavitt addressed reporters regarding the situation. She rejected suggestions that President Trump was advocating for the execution of members of Congress. Leavitt stated, "Many in this room want to talk about the president's response, but not what brought the president to responding in this way."

Leavitt accused the Democratic lawmakers of encouraging military personnel to defy "lawful orders," adding, "The sanctity of our military rests on the chain of command, and if that chain of command is broken, it can lead to people getting killed. It can lead to chaos, and that's what these members of Congress who swore an oath to abide by the Constitution are essentially encouraging."

Federal Investigation and Lawmakers' Refusal to Comply

The lawmakers reported being informed of federal investigations stemming from their participation in the video, with inquiries originating from U.S. Attorney for the District of Columbia Jeanine Pirro and involving the FBI.

The Justice Department sought to charge the lawmakers under 18 U.S.C. § 2387.

This statute applies to individuals who "advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military," requiring intent to "interfere with, impair, or influence the loyalty, morale, or discipline of the military." The statute carries a maximum 10-year prison sentence.

Sen. Elissa Slotkin and Rep. Chrissy Houlahan declined to comply with the Department of Justice's inquiries or requests for interviews concerning the video. Reps. Jason Crow and Maggie Goodlander, who were also contacted by federal prosecutors, made similar statements.

• Senator Slotkin stated that the administration was "purposely using physical and legal intimidation" to silence critics and deter others from speaking out.
• Representative Houlahan characterized the situation as crossing a line where the power of the federal government is directed towards intimidating individuals.
• Representative Crow commented that President Trump was "using his political cronies in the Department of Justice to continue to threaten and intimidate us" and was pressuring political appointees to harass him.
• Representative Goodlander stated that it was "sad and telling" that stating a "bedrock principle of American law" led to threats and a Justice Department target, affirming that "these threats will not deter, distract, intimidate, or silence me."

The investigation involved two Justice Department officials, Carlton Davis and Steven Vandervelden, listed as "special counsel" at the U.S. Attorney's Office for the District of Columbia, operating under U.S. Attorney Jeanine Pirro. Reports indicated that no career federal prosecutors were involved in the case.

Defense Secretary Censures Senator Kelly

Separately, Secretary of Defense Pete Hegseth initiated an effort to censure Senator Mark Kelly, who also appeared in the video.

Hegseth alleged that the video "Undermines the Chain of Command; Creates Confusion About Duty; Brings Discredit Upon the Armed Forces; and Is Conduct Unbecoming an Officer."

This censure was set to result in a reduction in Kelly's rank and retirement pay, prompting Kelly to file a lawsuit arguing a violation of his constitutional rights, describing Hegseth's action as "unlawful and unconstitutional." A federal judge previously ruled that the Trump administration's attempt to penalize Senator Kelly over the "illegal orders" video infringed upon his First Amendment freedoms.

Grand Jury Declines to Indict

On Tuesday, a federal grand jury refused to indict the six congressional Democrats, according to sources familiar with the matter. This news was initially reported by The New York Times. Under Justice Department policy, U.S. Attorney Pirro would need to explicitly approve any subsequent attempt to indict the lawmakers, given the grand jury's "no bill" finding.

DOJ guidelines specify that prosecutions should only be initiated when admissible evidence is sufficient to obtain and sustain a guilty verdict.

Reactions to the grand jury's decision varied:

All six Democrats publicly condemned the Justice Department's attempt to indict and praised the grand jury's decision. Senator Slotkin stated the president was seeking to "weaponize our justice system against his perceived enemies," while Senator Kelly called it an "outrageous abuse of power." Representative Goodlander said the grand jury "honored our Constitution," and Representative Houlahan described the refusal to indict as "good news for the Constitution." Representative Crow reaffirmed, "Don't Give Up the Ship," and Representative Deluzio stated, "I will not be intimidated for a single second."

Republican Senator Thom Tillis of North Carolina criticized the Justice Department's actions while commending the grand jury for declining the charges, stating that "Political lawfare waged by either side undermines America's criminal justice system" and "Political lawfare is not normal, not acceptable, and needs to stop." Conversely, House Speaker Mike Johnson, a Louisiana Republican, told reporters that the Democrats "probably should be indicted."

Senator Adam Schiff of California commented that the six members of Congress were merely "stating the obvious" about illegal orders and that "That the DOJ would even contemplate such an action demonstrates what a repressive regime is now running this country."

Former federal prosecutor Kyle Boynton commented that the effort to indict these members of Congress was "shocking" and that "No lawyer, competent or otherwise, could have looked at the statute and concluded this plainly protected speech constituted a felony." He suggested that Justice Department attorneys involved might have violated professional conduct rules and called for an inquiry by the District Court.

Senator Kelly and Representative Crow have both stated they will not alter their message regarding unlawful orders.