DOJ Drops Sedition Case Against Senators Kelly and Slotkin

Prosecutors decline to pursue charges against Democratic lawmakers over controversial military video

Published on Feb. 24, 2026

Got story updates? Submit your updates here. ›

The U.S. Attorney's office in Washington, D.C. has decided not to pursue a criminal case against Senators Mark Kelly and Elissa Slotkin, as well as several other Democratic lawmakers, over a video that called on service members to disobey potentially illegal orders. A grand jury had previously declined to indict the group, known as the 'Seditious Six', and prosecutors have now opted not to make a second attempt to secure an indictment.

Why it matters

The decision not to charge the lawmakers is a setback for the Trump administration, which had branded the video as 'SEDITION AT THE HIGHEST LEVEL.' The case raised questions about the limits of free speech for elected officials and the obligations of military personnel to follow orders.

The details

The video, titled 'Don't Give Up the Ship,' featured Senators Kelly and Slotkin, as well as four House Democrats, urging service members to disobey orders they deemed potentially illegal. The video generated over 18 million views online. Prosecutors had considered charging the lawmakers with sedition, but a grand jury declined to indict them. The U.S. Attorney's office has now decided not to pursue the case further, citing a lack of evidence to secure a conviction.

  • In November 2025, the 'Seditious Six' video was released online.
  • On February 12, 2026, a federal judge ruled that the Defense Department could not recall Senator Kelly to face court martial.
  • On February 22, 2026, a grand jury declined to indict the lawmakers.
  • On February 24, 2026, NBC News reported that prosecutors would not pursue the case further.

The players

Mark Kelly

Democratic Senator from Arizona who appeared in the 'Seditious Six' video.

Elissa Slotkin

Democratic Senator from Michigan who appeared in the 'Seditious Six' video.

Jeanine Pirro

U.S. Attorney for Washington, D.C. who was overseeing the potential prosecution of the lawmakers.

Pete Hegseth

U.S. Secretary of Defense who had threatened to recall Senator Kelly to face court martial.

Richard Leon

U.S. District Judge who ruled that the Defense Department could not recall Senator Kelly to face court martial.

Got photos? Submit your photos here. ›

What they’re saying

“Members of the military have a duty not to follow unlawful orders, and reminding them of that duty is no crime. The only responsible course is to respect the grand jury's decision and immediately close the investigation of Senator Slotkin.”

— Preet Bharara, Lawyer for Senator Slotkin (Just the News)

“This Court has all it needs to conclude that Defendants have trampled on Senator Kelly's First Amendment freedoms and threatened the constitutional liberties of millions of military retirees.”

— Richard Leon, U.S. District Judge (Politico)

What’s next

The decision not to pursue charges against the 'Seditious Six' lawmakers is likely to be appealed by the Trump administration, setting up a potential legal battle over the limits of free speech for elected officials.

The takeaway

This case highlights the complex balance between the free speech rights of lawmakers and the obligations of military personnel to follow orders, even when those orders may be perceived as potentially unlawful. The decision not to charge the lawmakers is a victory for their supporters, but is sure to draw continued scrutiny from the Trump administration.