Six Democratic lawmakers will not face criminal charges after a federal grand jury declined to indict them for a video they recorded in which they told military members they have the right to refuse “orders they believe are illegal “illegal orders.” The Department of Justice (DOJ) argued the lawmakers encouraged insubordination, disloyalty or refusal of duty within the military.
The video was posted in November 2025 after the Trump administration began targeting suspected drug smuggling boats in the Caribbean and as the president threatened to deploy troops to major U.S. cities over protests against immigration enforcement efforts.
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The attempt to charge Sen. Mark Kelly, D-Ariz.; Sen. Elissa Slotkin, D-Mich.; Rep. Jason Crow, D-Colo.; Rep. Chris Deluzio, D-Penn.; Rep. Maggie Goodlander, D-N.H.; and Rep. Chrissy Houlahan, D-Penn., was just the latest Trump Justice Department’s attempt to punish political foes. President Donald Trump had called their actions “seditious” and urged that they be arrested.
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In the past, 18 U.S.C. § 2387 has been used to convict publishers and activists, but it has not been successfully used to indict sitting members of Congress.
According to a CBS News report, U.S. Attorney for D.C. Jeanine Pirro’s office sought to charge the lawmakers under a criminal statute known as 18 U.S.C. § 2387. That law threatens a 10-year maximum prison sentence for anybody who “advises, counsels, urges or in any manner causes or attempts to cause insubordination, disloyalty, mutiny or refusal of duty by any member of the military” with the intent to “interfere with, impair or influence the loyalty, morale or discipline of the military.”
Lawmakers respond
After the decision, Slotkin accused Trump of weaponizing the justice system against political opponents.
“Today wasn’t just an embarrassing day for the Administration. It was another sad day for our country,” Slotkin wrote. “Because whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies. It’s the kind of thing you see in a foreign country, not in the United States we know and love.”
Sen. Kelly called the probe an outrageous abuse of power.
“It wasn’t enough for [Defense Secretary] 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. “Donald Trump wants every American to be too scared to speak out against him. The most patriotic thing any of us can do is not back down.”
Rep. Deluzio took to social media to encourage Americans to “not give up the ship” after the indictment was rejected.
“I will not be intimidated for a single second by the Trump Administration or DOJ lawyers who tried and failed to indict me today,” he said.
Deluzio added, “They may want Americans to be afraid to speak out or to disagree—but patriotism demands courage in this moment.”
In an Instagram video, Crow echoed that same message.
“They were trying to send a message that if you oppose them, if you step out of line, that they will crush their political enemies. But they failed, and they will always fail,” Crow said.
He went on, “They think that fear is contagious, but here’s the bigger lesson: Courage is also contagious. The American people are stepping up.”
Not the end for Kelly
While a grand jury has rejected the request to indict Kelly on criminal charges, he’s still facing censure from the Pentagon.
Kelly, a former NASA astronaut who retired after serving more than 20 years in the Navy, is suing the Pentagon and Defense Secretary Pete Hegseth over the censure. Hegseth wants to downgrade Kelly’s rank and reduce his retirement pay because of the November video.
The administration argued that the message the members of Congress recorded presented a danger to the troops.
Kelly’s lawsuit contends that the response goes far beyond internal discipline and constitutes retaliation for protected speech. His legal team says no sitting member of Congress has ever been subjected to military sanctions for disfavored political expression.
While that case is still pending, U.S. District Judge Richard Leon questioned last week whether the Defense Department is attempting to extend speech restrictions that apply to active-duty service members to retired members — something he said has never been done.
