DOJ Faces Setbacks in Indicting Administration Critics

Prosecutors unable to secure indictments against several high-profile figures

Published on Feb. 14, 2026

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The Justice Department has faced an uphill battle in securing indictments against perceived political opponents of the administration, with grand juries repeatedly refusing to indict several members of Congress and other high-profile figures. This includes cases against six lawmakers who posted a video telling military members they could refuse unlawful orders, as well as failed attempts to indict former FBI Director James Comey and New York Attorney General Letitia James.

Why it matters

These cases highlight concerns about the politicization of the Justice Department and its use to target the administration's perceived enemies. The repeated failures to secure indictments raise questions about the department's credibility and independence, and whether it is being used for partisan purposes.

The details

Prosecutors under U.S. Attorney Jeanine Pirro sought to convince a grand jury to indict six lawmakers - Sen. Mark Kelly, Sen. Elissa Slotkin, Rep. Maggie Goodlander, Rep. Jason Crow, Rep. Chrissy Houlahan, and Rep. Chris DeLuzio - for posting a video telling military members they could refuse unlawful orders. However, the grand jury did not comply. The DOJ has also faced setbacks in attempts to indict former FBI Director James Comey and New York Attorney General Letitia James, with grand juries rejecting the charges. Additionally, prosecutors failed to secure indictments against a man accused of throwing a sandwich at a Customs and Border Protection agent, and a woman accused of assaulting an FBI agent.

  • In November, the six lawmakers posted a video telling military members they could refuse unlawful orders.
  • In February 2026, prosecutors were unable to convince a grand jury to indict the six lawmakers.

The players

Pam Bondi

The Attorney General who testified before the House Judiciary Committee.

Donald Trump

The former president who called for the arrest and trial of the six lawmakers.

Jeanine Pirro

The U.S. Attorney who sought to convince a grand jury to indict the six lawmakers.

James Comey

The former FBI Director who was the target of failed DOJ prosecution attempts.

Letitia James

The New York Attorney General who was the target of failed DOJ prosecution attempts.

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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)

What’s next

The Justice Department may continue to pursue indictments against the lawmakers and other perceived opponents, but the repeated failures by grand juries to indict raise questions about the department's credibility and independence.

The takeaway

These cases highlight growing concerns about the politicization of the Justice Department and its use to target the administration's perceived enemies. The repeated failures to secure indictments undermine public trust in the impartiality of the justice system and raise questions about whether it is being used for partisan purposes.