A federal grand jury unanimously rejected an unprecedented attempt to indict six Democratic lawmakers for reminding military personnel of their constitutional duty to refuse illegal orders, exposing what appears to be a politically motivated prosecution that backfired spectacularly.
Story Highlights
- Grand jury unanimously refuses indictment in historically rare rejection of DOJ prosecution effort
- Six military veteran lawmakers faced up to 10 years in prison for a video reminding service members to follow constitutional oaths
- U.S. Attorney Jeanine Pirro abandons the case after the February 2026 grand jury finding of insufficient probable cause
- Prosecution attempt followed President Trump’s public demands to prosecute lawmakers he labeled “traitors”
Grand Jury Rejects Politically Charged Indictment
The U.S. Attorney’s Office in Washington, D.C., abandoned its effort to indict six Democratic lawmakers in mid-February 2026 after a grand jury unanimously rejected the charges. U.S. Attorney Jeanine Pirro’s office sought indictments under 18 U.S.C. § 2387, a statute prohibiting incitement to military insubordination carrying potential 10-year prison sentences.
The grand jury’s refusal, described by sources as historically rare, found insufficient probable cause for prosecution. The case centered on a November 2025 video where lawmakers reminded military and intelligence personnel to follow military law over potentially unlawful orders.
The U.S. Attorney’s Office in Washington, D.C., led by Jeanine Pirro, had sought to indict lawmakers two weeks ago, but a federal grand jury issued a rare denial. Pirro has subsequently decided to stop pursuing the case. https://t.co/IotFC73ngV pic.twitter.com/IqjEDTCvqT
— The New Republic (@newrepublic) February 24, 2026
Constitutional Reminder Triggers Federal Investigation
Senators Elissa Slotkin of Michigan and Mark Kelly of Arizona, along with Representatives Jason Crow of Colorado, Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire, and Chris Deluzio of Pennsylvania, released a 90-second video in November 2025.
All six lawmakers serve as military or intelligence veterans who emphasized service members’ legal obligation under the Uniform Code of Military Justice to refuse illegal commands.
The video emerged amid controversies over Trump administration policies, including National Guard deployments in Democratic-led cities. President Trump immediately condemned the message as “seditious behavior” and publicly demanded the lawmakers be “locked up.”
Federal Prosecutors Pursue Charges Despite Legal Warnings
Federal prosecutors contacted the lawmakers’ attorneys in mid-January 2026 regarding potential charges. Pirro abruptly directed her team to seek indictments despite warnings from defense attorneys, including Abbe Lowell, who cautioned about the legal ramifications of pursuing the case.
The prosecution’s theory attempted to frame the lawmakers’ constitutional reminder as criminal incitement to military disobedience against executive branch authority.
This approach raised significant First Amendment concerns and questions about whether reinforcing established military law obligations could constitute criminal conduct. The grand jury ultimately found the government failed to establish probable cause for any criminal violation.
Pattern of DOJ Pressure on Political Opposition
The prosecution attempt fits a documented pattern of President Trump publicly calling for Department of Justice action against political opponents. Trump has previously urged prosecutions of figures including former New York Attorney General Letitia James, former FBI Director James Comey, and Representative Adam Schiff.
The involvement of politically appointed U.S. Attorney Pirro in personally directing the indictment effort heightened concerns about DOJ independence. Sources indicate prosecutors in other federal districts are unlikely to revive the case, though technically possible.
The unanimous grand jury rejection sends a strong signal that jurors increasingly scrutinize cases appearing politically motivated, representing an independent check on potential abuses of prosecutorial power.
Lawmakers Condemn Abuse of Prosecutorial Authority
Following reports that Pirro tabled the case, the six lawmakers issued strong statements defending their actions. Senator Slotkin characterized the prosecution effort as an “abuse of power” and told NBC News that Trump “weaponizes” the justice system against critics. Senator Kelly decried what he called intimidation tactics against those upholding constitutional principles.
Representatives Crow and Deluzio echoed these concerns, framing the grand jury’s decision as a victory for rule of law. This case reassures military and intelligence communities that reminding service members of their legal obligations does not constitute criminal conduct, reinforcing the principle that constitutional oaths supersede loyalty to any individual officeholder or administration.
Sources:
Report: Pirro ending push to prosecute six Democrats after grand jury rejects charges – ABC 33/40
Report: Pirro ending push to prosecute six Democrats after grand jury rejects charges – KEPR
