DOJ Faces Challenges Securing Indictments Against Administration Critics

Grand juries have repeatedly rejected DOJ attempts to indict lawmakers and others seen as opponents of the president's agenda.

Published on Feb. 13, 2026

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The Justice Department has faced difficulties in recent months securing indictments against several individuals perceived as political opponents of the current administration, including members of Congress, a former FBI director, and a New York attorney general. Grand juries have repeatedly declined to indict these individuals, even after prosecutors presented their cases, in what experts describe as an unusually high rate of grand jury refusals.

Why it matters

These incidents raise questions about the Justice Department's independence and whether political motivations may be influencing prosecutorial decisions. The inability to secure indictments against high-profile figures could undermine public trust in the impartiality of the justice system.

The details

Prosecutors sought to indict six members of Congress - Sens. Mark Kelly and Elissa Slotkin, and Reps. Maggie Goodlander, Jason Crow, Chrissy Houlahan, and Chris DeLuzio - after they posted a video telling military members they could refuse unlawful orders. However, the grand jury did not indict. The DOJ also failed to secure indictments against former FBI Director James Comey, New York Attorney General Letitia James, and a man accused of throwing a sandwich at a Customs and Border Protection agent.

  • In November 2026, a federal judge dismissed cases the DOJ had brought against Comey and James.
  • Ten days after the judge's ruling, a federal grand jury in Virginia refused to indict James on the same charges when the DOJ attempted to refile the case.
  • A second grand jury in Virginia's Eastern District also rejected the charges when the DOJ tried to file the case a third time.

The players

Pam Bondi

Attorney General.

Mark Kelly

U.S. Senator.

Elissa Slotkin

U.S. Senator.

Maggie Goodlander

U.S. Representative.

Jason Crow

U.S. Representative.

Chrissy Houlahan

U.S. Representative.

Chris DeLuzio

U.S. Representative.

Donald Trump

Former President of the United States.

Jeanine Pirro

U.S. Attorney.

James Comey

Former FBI Director.

Letitia James

New York Attorney General.

Lindsey Halligan

Interim U.S. Attorney appointed by Trump.

Cameron McGowan Currie

Federal Judge.

Abbe Lowell

Attorney for Letitia James.

Sean Charles Dunn

Man accused of throwing a sandwich at a Customs and Border Protection agent.

Sidney Reid

Woman accused of assaulting an FBI agent during an inmate swap.

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What they’re saying

“'Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL,'”

— Donald Trump (Social media)

“'This unprecedented rejection makes even clearer that this case should never have seen the light of day,'”

— Abbe Lowell, Attorney for Letitia James (Statement)

“'This is pretty rare for a prosecutor to want an indictment and not get one. The most obvious answer is that the government is being aggressive in prosecuting federal crimes, and grand juries are simply not in agreement.'”

— Andrew Leipold, Professor, University of Illinois (ABC News)

“'Any such actions are driven by law and not by politics.'”

— JD Vance, Vice President (Statement)

What’s next

The Justice Department may continue to pursue indictments against these individuals, but the repeated failures to secure grand jury approval raise doubts about the strength of the government's cases and the potential for political motivations.

The takeaway

The Justice Department's inability to convince grand juries to indict several high-profile figures seen as political opponents of the administration raises serious questions about the independence and impartiality of federal prosecutions. This could further erode public trust in the justice system and its ability to hold powerful individuals accountable, regardless of their political affiliations.