Federal Prosecutors Abandon Pursuit of Democrats Over Social Media Video

Grand jury unanimously rejects attempt to indict lawmakers who urged military and intelligence community to disobey unlawful orders

Feb. 23, 2026 at 11:25pm

Got story updates? Submit your updates here. ›

Federal prosecutors in Washington, D.C. have decided to stop pursuing a case against six Democratic lawmakers who urged members of the military and intelligence communities in a social media video not to comply with unlawful orders. A federal grand jury unanimously rejected the attempt to indict the lawmakers, illustrating that prosecutors did not have enough evidence to meet even the low legal threshold of probable cause required to bring an indictment.

Why it matters

The unprecedented attempt by the Justice Department to use its powers to punish members of Congress for protected free speech has been criticized by legal experts and Democrats as a politically-motivated attack. The decision not to pursue charges raises questions about the erosion of the traditional firewall between the White House and the Justice Department's prosecutorial decision-making.

The details

The case was being led by U.S. Attorney Jeanine Pirro, a former Fox News host with a long relationship with former President Donald Trump. In the days before the case was presented to the grand jury, Pirro made numerous social media posts praising Trump, though she never publicly tied the case to the former president. The six Democratic lawmakers targeted were Sens. Elissa Slotkin and Mark Kelly, and Reps. Maggie Goodlander, Jason Crow, Chris Deluzio and Chrissy Houlahan - all of whom have military or intelligence backgrounds.

  • Roughly two weeks ago, a federal grand jury in Washington, D.C. unanimously rejected the attempt by Pirro's office to indict the lawmakers.
  • On February 23, 2026, NBC News first reported on the grand jury's decision.

The players

Jeanine Pirro

The U.S. Attorney for the District of Columbia who led the effort to indict the Democratic lawmakers. Pirro is a former Fox News host with a long relationship with former President Donald Trump.

Elissa Slotkin

A Democratic Senator from Michigan who was one of the lawmakers targeted by Pirro's office.

Mark Kelly

A Democratic Senator from Arizona who was one of the lawmakers targeted by Pirro's office.

Maggie Goodlander

A Democratic Representative from New Hampshire who was one of the lawmakers targeted by Pirro's office.

Jason Crow

A Democratic Representative from Colorado who was one of the lawmakers targeted by Pirro's office.

Chris Deluzio

A Democratic Representative from Pennsylvania who was one of the lawmakers targeted by Pirro's office.

Chrissy Houlahan

A Democratic Representative from Pennsylvania who was one of the lawmakers targeted by Pirro's office.

Got photos? Submit your photos here. ›

What they’re saying

“Whether or not Pirro succeeded is not the point. It's that President Trump continues to weaponize our justice system against his perceived enemies.”

— Elissa Slotkin, Senator

“This guy thought I would be in in jail. Wants to send me to prison.”

— Mark Kelly, Senator

“I'm gonna continue to do my job, and I'm going to be sitting there right in front of him. You know, maybe he'll notice, maybe not, but I feel it's my obligation, you know, to be there.”

— Mark Kelly, Senator

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.