A Washington grand jury declined to indict a group of Democratic lawmakers connected to a video in which they urged U.S. military personnel to resist “illegal orders,” according to a person familiar with the matter. The decision came Tuesday as the Justice Department’s investigation into the lawmakers’ conduct moved through the criminal process in the capital.
The investigation, which began after the lawmakers’ video circulated, focused on statements in which the lawmakers urged service members to follow established military protocols and reject orders they believe to be unlawful. The person familiar with the matter said the grand jurors declined to sign off on charges that prosecutors sought, though it was not immediately clear whether prosecutors had attempted to bring indictments against all six lawmakers or which charges were at issue.
The lawmakers tied to the video included Democratic Sens. Mark Kelly of Arizona and Elissa Slotkin of Michigan, along with Reps. Jason Crow of Colorado, Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire and Chris Deluzio of Pennsylvania. The AP said the grand jury’s rejection was another example of citizens rebuffing prosecutors in Washington after hearing the government’s evidence.
Grand jury rejections are “extraordinarily unusual,” the AP report noted, but have occurred repeatedly in recent months in Washington. Prosecutors could try again to secure an indictment, the person familiar with the matter said, because the grand jury’s decision does not necessarily end the inquiry.
The Justice Department opened the investigation into the video featuring Kelly and Slotkin after the FBI began contacting the lawmakers in November to schedule interviews. The AP report said that outreach came amid broader Justice Department efforts described as aimed at punishing political opponents of President Donald Trump.
Trump and aides publicly denounced the video. The AP reported that Trump and his aides labeled the lawmakers’ video “seditious,” and that Trump wrote on social media that the offense was “punishable by death.”
After the grand jury decision, Slotkin said in a statement that she hopes it ends the Justice Department’s probe. She said, “Tonight we can score one for the Constitution, our freedom of speech, and the rule of law,” adding that “today wasn’t just an embarrassing day for the Administration” and that it was “another sad day for our country.”
Kelly, a former Navy pilot, said the attempt to bring charges was an “outrageous abuse of power by Donald Trump and his lackies.” In a post on X, Kelly wrote that “Donald Trump wants every American to be too scared to speak out against him” and that “The most patriotic thing any of us can do is not back down.”
Separate from the criminal investigation, the AP reported that the Pentagon opened an investigation in November into Kelly, citing a federal law that allows retired service members to be recalled to active duty on orders from the defense secretary for possible court-martial or other punishment. Defense Secretary Pete Hegseth has censured Kelly and is trying to retroactively demote him from his retired rank of captain, the AP report said.
Kelly is also suing Hegseth to block the proceedings, calling them an unconstitutional act of retribution. The AP report said that during a hearing last week, the judge appeared skeptical of key arguments a government attorney made in defense of Kelly’s Jan. 5 censure by Hegseth.
The AP said spokespeople for the U.S. attorney’s office and the Justice Department did not immediately respond to requests for comment Tuesday.