A federal grand jury on Tuesday refused to indict Democratic lawmakers who shared a video calling on service members and intelligence officials to reject any unlawful directives from the Trump administration, according to two individuals familiar with the decision.
The Justice Department’s investigation centered on a 90-second clip featuring six Democrats, including Michigan Sen. Elissa Slotkin and Arizona Sen. Mark Kelly. The video, which drew sharp criticism from the Trump administration, cautioned that “threats to our Constitution” are coming “from right here at home,” and repeatedly encouraged members of the military and intelligence community to “refuse illegal orders.”
The grand jury’s decision marks a setback for the administration’s attempt to portray the six lawmakers — each of whom previously served in the military or intelligence services — as undermining the president’s authority as commander in chief. It remains unclear which of the lawmakers were specifically targeted for indictment. CNN has requested comment from the Justice Department.
Although the grand jury declined to bring charges, the episode reflects an extraordinary escalation in the Justice Department’s readiness to pursue cases against those who speak out against President Donald Trump and his administration’s conduct.
Grand juries rarely reject charging requests from prosecutors, but such outcomes have occurred more often in recent months as the administration has advanced legally questionable cases. Prosecutors retain the option to seek indictments again.
Previously, a grand jury also declined to indict Letitia James, the New York attorney general who secured a court victory against Trump and his company, CNN reported earlier.
The video, posted in November, triggered immediate backlash from the Trump administration, including from the president, who accused the lawmakers of sedition “punishable by DEATH.”
In the weeks that followed, Slotkin and Kelly, along with Reps. Chrissy Houlahan, Chris Deluzio, Jason Crow and Maggie Goodlander, disclosed that they had been contacted by federal prosecutors as part of an inquiry into their actions.
Kelly on Tuesday described the effort to obtain an indictment as an “outrageous abuse of power.”
“It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime — all because of something I said that they didn’t like. That’s not the way things work in America,” Kelly said in a statement.
Slotkin wrote in a post on X, “Tonight we can score one for the Constitution, our freedom of speech, and the rule of law.”
Today, U.S. Attorney Jeanine Pirro attempted to persuade a Grand Jury to indict me. This was in response to me organizing a 90-second video that simply quoted the law. Pirro did this at the direction of President Trump, who said repeatedly that I should be investigated, arrested,…
— Sen. Elissa Slotkin (@SenatorSlotkin) February 11, 2026
She also criticized the Trump administration for continuing attempts to “weaponize our justice system against his perceived enemies,” asserting the case was initiated “at the direction of President Trump, who said repeatedly that I should be investigated, arrested, and hanged for sedition.”
Crow delivered a forceful response, stating that Americans “should be appalled by the fact that Donald Trump and his goons at Department of Justice and everywhere else are weaponizing their justice system just to try to silence dissent and to crush political opponents.”
“Not only should Americans be angry at that — they have chosen the wrong people. If these fuckers think that they’re going to intimidate us and threaten and bully me into silence, and they’re going to go after political opponents and get us to back down, they have another thing coming,” he said, adding that the “tide is turning” as Americans “are rising up against the corruption and the rank abuse of this administration.”
Deluzio wrote on X, “I will not be intimidated for a single second by the Trump Administration or Justice Department lawyers who tried and failed to indict me today.”
I will not be intimidated for a single second by the Trump Administration or Justice Department lawyers who tried and failed to indict me today. American citizens on a grand jury refused to go along with this attempt to charge me with a crime for stating the law in a way Trump…
— Congressman Chris Deluzio (@RepDeluzio) February 11, 2026
Goodlander said in a statement, “Today an American grand jury honored our Constitution by standing up to an outrageous abuse of presidential power and taxpayer dollars. No matter the threats, I will keep doing my job and upholding my oath to our Constitution.”
Houlahan also posted on X, “This is good news for the Constitution and the free speech protections it guarantees. The grand jury upheld the rule of law – this is a win for all Americans.”
This is good news for the Constitution and the free speech protections it guarantees. The grand jury upheld the rule of law – this is a win for all Americans. https://t.co/sqeTZptSGq
— Chrissy Houlahan (@RepHoulahan) February 11, 2026
House Speaker Mike Johnson, however, said the six Democratic lawmakers “probably should be indicted,” despite the failed effort.
“I mean, look, I think that anytime you’re obstructing law enforcement and getting in the way of these sensitive operations, it’s a very serious thing, and it probably is a crime. And, yeah, they probably should be indicted,” the Louisiana Republican said.
Johnson told reporters he believed the Democrats in the video went “further” than simply explaining the legal boundaries regarding unlawful orders.
“They were suggesting that they disobey orders, and I think that crosses the line. It’s very serious. I’m glad new attention has been paid to it, and I hope that they straighten up their act,” he said.
Kelly’s involvement in the video has also prompted scrutiny at the Pentagon, where Defense Secretary Pete Hegseth has moved to discipline the senator by lowering his final military rank — which would reduce the pension he receives as a retired Navy captain — and issuing a formal letter of censure.
Those disciplinary steps may soon face a legal challenge. A federal judge in Washington has indicated he will rule by Wednesday on Kelly’s request to block Hegseth’s actions.
The judge previously expressed skepticism about the constitutionality of the defense secretary’s measures, stating at a hearing last week that Hegseth appeared to be infringing on Kelly’s First Amendment rights by retaliating against him for participating in the video.
