DOJ Fails to Indict Democrats Over ‘Illegal Orders’ Video

WASHINGTON — The Trump administration failed Tuesday to secure a federal indictment tied to a video in which six Democratic lawmakers urged members of the military and intelligence communities to refuse unlawful orders, according to three sources familiar with the matter.

The indictment effort, led by the office of U.S. Attorney for the District of Columbia Jeanine Pirro, marks the latest flashpoint in an escalating clash between President Donald Trump and his political opponents. It remains unclear how many of the lawmakers prosecutors sought to charge or whether the effort will resurface.

The FBI had sought interviews with the six Democrats — Reps. Jason Crow, Maggie Goodlander, Chris Deluzio and Chrissy Houlahan, along with Sens. Mark Kelly and Elissa Slotkin — all of whom have military or intelligence backgrounds. In the November video, they warned that service members are obligated under the Uniform Code of Military Justice to obey only lawful orders and must refuse those that are manifestly illegal.

Trump responded on his Truth Social platform by accusing them of “SEDITIOUS BEHAVIOR, punishable by DEATH!” Legal scholars have widely argued that prosecuting members of Congress for political speech would raise significant First Amendment concerns. The Constitution’s “speech or debate” clause also provides lawmakers immunity for actions within the legislative sphere.

Government attorneys assigned to the case were political appointees rather than career Justice Department prosecutors, according to a source familiar with the investigation. The Justice Department did not respond to requests for comment.

The episode adds to scrutiny over the administration’s handling of politically sensitive cases. A federal judge is expected to rule soon in a separate case involving Defense Secretary Pete Hegseth’s actions against Sen. Kelly, including a formal letter of censure and an effort to reduce his retirement rank.

Kelly condemned the failed indictment attempt, calling it retaliation for protected speech. “That’s not the way things work in America,” he said.

Slotkin echoed the criticism, accusing Trump of weaponizing the justice system against perceived enemies.

Under long-standing Justice Department policy, investigations of sitting members of Congress typically require oversight from the Public Integrity Section. That office has since been dismantled under the current administration.

Federal grand juries rarely decline to return indictments when prosecutors seek them — underscoring the unusual nature of Tuesday’s outcome and deepening questions about the administration’s legal strategy.