A grand jury rejected an attempt by the Justice Department to indict six Democratic lawmakers who appeared in avideo telling service membersthey have the right not to obey orders they believe are illegal.
Prosecutors sought to charge the lawmakers with violating a federal law barring interference with the loyalty, morale, or discipline of the U.S. armed forces, Reuters reported on Tuesday, Feb. 10, citing a source familiar with the matter. The indictment was pursued by the office of U.S. Attorney for the District of Columbia Jeanine Pirro.
Participants in the video, which was published in November and titled"Don't Give Up the Ship,"included Sens. Elise Slotkin and Mark Kelly, as well as Reps. Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan. All six are veterans of the U.S. military.
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In astatementon Tuesday, Feb. 10, Slotkin said the Justice Department's attempt to indict her was in response to her "organizing a 90-second video that simply quoted the law." The controversial video had echoed concerns by Democrats over the legality of PresidentDonald Trump'sdeployment of the National Guardto U.S. cities and the military'sstrikes on boatssuspected of trafficking drugs in the Caribbean.
The video sparked outrage from the Trump administration, and the president accused the six lawmakers of "SEDITIOUS BEHAVIOR, punishable by DEATH!"on Truth Social. Trump lateraddressed the postin an interview on Fox News Radio's "Brian Kilmeade Show" and said he was not threatening the execution of the lawmakers.
"Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed," Slotkin said on X. "No matter whatPresident Trumpand Pirro continue to do with this case, tonight we can score one for the Constitution, our freedom of speech, and the rule of law."
The grand jury decision was reported earlier byNBC Newsand theNew York Times.
USA TODAY reached out to the Justice Department regarding the indictments on Tuesday, Feb. 10, and did not receive an immediate response.
Sen. Kelly: 'All because of something I said that they didn't like'
In a post on X, Kelly called the indictment attempt an "outrageous abuse of power." Last month, Defense SecretaryPete Hegsethannounced that he hadissued a formal censure to Kellyandtaken steps to demote himin retirement in response to the video.
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"It wasn't enough forPete Hegsethto 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," Kelly said in the X post.
Other lawmakers from the video expressed similar sentiments.
Before he found himself a target of the Trump administration as a U.S. senator, Mark Kelly was a veteran NASA astronaut who flew to space on four separate missions in a decade. Sen. Kelly, D-Arizona, was recently issued a formal censure courtesy of Pentagon chief Pete Hegseth for his role in a video telling service members they "can refuse illegal orders." Kelly was first elected to office in 2020, about nine years after he retired from both the Navy and NASA.Prior to his career as a public servant, Kelly, 61, was a Navy fighter pilot who saw combat and also an astronaut who piloted – and even commanded – space shuttle missions to orbit. He is married to former Rep. Gabrielle Giffords.
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See Arizona Sen. Mark Kelly's career from Navy pilot to Congress
Before hefound himself a target of the Trump administrationas a U.S. senator, Mark Kelly wasa veteran NASA astronautwho flew to space on four separate missions in a decade.Sen. Kelly, D-Arizona, was recently issued a formal censure courtesy of Pentagon chiefPete Hegsethfor hisrole in a video telling service membersthey "can refuse illegal orders." Kelly was first elected to office in 2020, about nine years after he retired from both the Navy and NASA.
Prior to his career as a public servant, Kelly, 61, was a Navy fighter pilot who saw combat and also an astronaut who piloted – and even commanded – space shuttle missions toorbit. He is married to former Rep. Gabrielle Giffords.
"Today, an American grand jury honored our Constitution by standing up to an outrageous abuse of presidential power and taxpayer dollars," Goodlander saidon X. "No matter the threats, I will keep doing my job and upholding my oath to our Constitution."
Deluziosaid on social mediathat he "will not be intimidated for a single second by the Trump Administration or Justice Department lawyers who tried and failed to indict me today." In a video statement, Crow added that "the tide is turning and accountability is coming."
Though Houlahan did not directly address whether she was a subject of the grand jury investigation, she shared NBC News' report on the failed indictments and called it "a win for all Americans."
"This is good news for the Constitution and the free speech protections it guarantees," Houlahan said in apost on X.
Massachusetts Sen. Ed Markey was among several Senate Democrats who took to social media, commenting on the administration's failure to win an indictment and calling it "a failed coup."
"The 6 targets were right all along – don't follow illegal orders," Markey said. "Speak truth to power. Because it will prevail."
Contributing: George Petras, Stephen J. Beard, and Alberto Cuadra, USA TODAY; Reuters
This article originally appeared on USA TODAY:Prosecutors unsuccessful in attempt to indict 6 Democratic lawmakers
