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Grand Jury Rejects DOJ Effort to Indict Democratic Lawmakers
Lawmakers who urged military to defy illegal orders avoid indictment
Published on Feb. 11, 2026
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A grand jury in Washington, D.C. refused to indict a group of Democratic lawmakers who encouraged U.S. military members to ignore "illegal" orders from the federal government in a video posted online. The Justice Department had opened an investigation into the video, but grand jurors declined to sign off on charges against the lawmakers.
Why it matters
This case highlights the tension between the government's authority and the rights of elected officials to criticize it. The lawmakers argued they were upholding the Constitution, while the Trump administration viewed their actions as sedition. The grand jury's decision is a victory for free speech and the rule of law.
The details
The Democratic lawmakers featured in the video were Sens. Elissa Slotkin of Michigan and Mark Kelly of Arizona, as well as Reps. Chris Deluzio and Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire and Jason Crow of Colorado. They all have military or intelligence community experience. In the video, the lawmakers urged troops and intelligence officials to refuse "illegal orders" from the federal government.
- The video was posted online in 2026.
- The grand jury decision was made on February 11, 2026.
The players
Elissa Slotkin
Democratic Senator from Michigan who previously worked at the CIA and Defense Department.
Mark Kelly
Democratic Senator from Arizona and former Navy pilot.
Donald Trump
Former President of the United States who accused the lawmakers of "sedition" and suggested they should be executed.
Pete Hegseth
Pentagon chief who censured Senator Mark Kelly and attempted to retroactively demote him from his retired rank.
Justice Department
The federal agency that opened an investigation into the lawmakers' video and attempted to indict them.
What they’re saying
“Tonight we can score one for the Constitution, our freedom of speech, and the rule of law. But today wasn't just an embarrassing day for the Administration. It was another sad day for our country.”
— Elissa Slotkin, Senator (Associated Press)
“Donald Trump wants every American to be too scared to speak out against him. The most patriotic thing any of us can do is not back down.”
— Mark Kelly, Senator (X)
What’s next
The Justice Department could still attempt to secure an indictment against the Democratic lawmakers, but the grand jury's decision is a significant setback for their efforts.
The takeaway
This case highlights the delicate balance between the government's authority and the rights of elected officials to criticize it. The grand jury's decision is a victory for free speech and the rule of law, but the ongoing tensions between the lawmakers and the Trump administration suggest this issue is far from resolved.
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