Federal Grand Jury Rejects Indictment Bid
A federal grand jury in Washington D.C. has declined to indict six Democratic members of Congress whom former President Donald Trump had sought to charge. The decision, reported on Tuesday, February 10, 2026, and Wednesday, February 11, 2026, marks a significant setback for the Justice Department's efforts to prosecute the lawmakers. The grand jury's refusal to issue an indictment is considered exceedingly rare, particularly given the typically low threshold for prosecutors to establish probable cause.
The Controversial 'Illegal Orders' Video
The controversy stems from a 90-second video released last fall by the six Democrats, all of whom possess backgrounds in the military or intelligence agencies. In the footage, the lawmakers advised military members that they 'must refuse illegal orders.' Senator Elissa Slotkin (D-Michigan), a former CIA analyst who organized the video, stated that it 'simply quoted the law.' Senator Mark Kelly (D-Arizona), a retired Navy captain and former NASA astronaut, was quoted in the video saying, 'Our laws are clear ... You can refuse illegal orders.'
The lawmakers indicated that the video was prompted by what they perceived as former President Trump's proposals to use the military in potentially illegal ways. These included his 2016 suggestion to kill the families of terrorists, his threat to deploy troops to Chicago, and a campaign of U.S. strikes against alleged drug-carrying boats that some congressional Democrats argued were illegal. Legal experts generally concur that military personnel are obligated to follow lawful orders but are required to disobey 'manifestly unlawful' ones.
Trump's Strong Reaction and DOJ's Pursuit
Former President Trump reacted with outrage to the video, labeling the lawmakers' actions as 'seditious behavior' and suggesting it was 'punishable by DEATH!' He took to his Truth Social platform, posting comments such as 'SEDITIOUS BEHAVIOR, punishable by DEATH!' and 'HANG THEM GEORGE WASHINGTON WOULD!!' Trump repeatedly urged prosecutors to pursue indictments against the six Democrats.
Following Trump's calls, the Justice Department, under U.S. Attorney for D.C. Jeanine Pirro, opened an investigation and attempted to persuade the grand jury to indict the lawmakers. The lawmakers involved in the video were:
- Senator Elissa Slotkin (D-Michigan)
- Senator Mark Kelly (D-Arizona)
- Representative Jason Crow (D-Colorado)
- Representative Chrissy Houlahan (D-Pennsylvania)
- Representative Chris Deluzio (D-Pennsylvania)
- Representative Maggie Goodlander (D-New Hampshire)
Broader Implications and Reactions
The grand jury's decision is seen by some as a rebuke of the Trump administration's perceived attempts to weaponize the legal system against political adversaries. Senator Kelly described the effort as an 'outrageous abuse of power by Donald Trump and his lackies.' In a related development, Defense Secretary Pete Hegseth formally censured Senator Kelly and sought to reduce his military rank and pension, accusing him of undermining the chain of command. Kelly has since filed a lawsuit against Hegseth, arguing that the video was protected free speech and that the censure constituted political retribution.
5 Comments
Leonardo
Lawmakers did the right thing reminding our troops of their duty. Freedom of speech wins!
Michelangelo
Kelly deserved that censure. You don't tell soldiers to disobey orders.
Raphael
Senator Kelly has a strong case regarding his free speech rights; however, the Defense Secretary's concern about maintaining military discipline and the chain of command also holds merit, even if the censure was politically motivated.
Donatello
It's crucial for military personnel to understand their duty to refuse illegal orders, but these lawmakers' public statements, while legally sound, risk politicizing military obedience in a way that could be exploited.
Leonardo
The grand jury failed its duty. No one is above the law, especially when inciting disobedience.