Federal Prosecutors Fail to Indict Democratic Lawmakers Over Video

Grand jury rejects request to charge senators and representatives for video criticizing Trump

Published on Feb. 21, 2026

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Federal prosecutors in Washington, D.C. attempted to seek an indictment against six Democratic lawmakers for a video they released criticizing President Trump, but the grand jury roundly rejected the request. The prosecutors had initially contacted the lawmakers' lawyers in a casual manner, suggesting the inquiry was in its early stages, but then abruptly changed course after Jeanine Pirro, a Trump ally, instructed them to seek an indictment. The failed prosecution effort has sparked criticism over the Justice Department's willingness to pursue baseless cases to satisfy the president's political agenda.

Why it matters

The failed attempt to prosecute the lawmakers for political dissent highlights the chaos that has roiled the Justice Department under the Trump administration, as prosecutors have been caught between the president's demands to pursue weak or baseless cases and the necessity of going to court, where institutional guardrails often block such efforts. This case exemplifies the department's repeated trampling of prosecutorial norms to satisfy the president's personal grievances against his adversaries.

The details

The prosecutors initially contacted the lawyers for the six Democratic lawmakers - Senators Elissa Slotkin and Mark Kelly, and Representatives Jason Crow, Maggie Goodlander, Chrissy Houlahan, and Chris Deluzio - in a casual manner, suggesting the inquiry was in its early stages and not identifying a specific law that had been broken. However, less than two weeks later, Jeanine Pirro, a Trump ally, abruptly instructed her team to seek an indictment. The prosecutors then faced a decision - comply or resist - and chose to comply, despite the lack of a clear legal basis for the prosecution.

  • In mid-January, federal prosecutors contacted the lawmakers' lawyers.
  • Less than two weeks later, Jeanine Pirro instructed her team to seek an indictment.

The players

Jeanine Pirro

A longtime ally of President Trump who abruptly instructed her prosecutors to seek an indictment of the Democratic lawmakers.

Elissa Slotkin

A Democratic senator from Michigan who was one of the lawmakers targeted for prosecution.

Mark Kelly

A Democratic senator from Arizona who was one of the lawmakers targeted for prosecution.

Jason Crow

A Democratic representative from Colorado who was one of the lawmakers targeted for prosecution.

Maggie Goodlander

A Democratic representative from New Hampshire who was one of the lawmakers targeted for prosecution.

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What they’re saying

“Our laws are clear. You can refuse illegal orders.”

— Mark Kelly (The New York Times)

“The only responsible course is to respect the grand jury's decision and immediately close the investigation.”

— Preet Bharara, Lawyer for Elissa Slotkin (The New York Times)

What’s next

The Justice Department may attempt to reopen the investigation or pressure Pirro's office to try again, but for now the inquiry has been shelved.

The takeaway

This failed prosecution attempt highlights the chaos and disregard for prosecutorial norms that has plagued the Justice Department under the Trump administration, as it has repeatedly pursued weak or baseless cases to satisfy the president's personal and political agenda.