Grand jury refuses to indict Democratic lawmakers in connection with
illegal military orders video
[February 11, 2026]
By ALANNA DURKIN RICHER and ERIC TUCKER
WASHINGTON (AP) — A grand jury in Washington refused Tuesday to indict
Democratic lawmakers in connection with a video in which they urged U.S.
military members to resist “illegal orders,” according to a person
familiar with the matter.
The Justice Department opened an investigation into the video featuring
Democratic Sens. Mark Kelly and Elissa Slotkin and four other Democratic
lawmakers urging U.S. service members to follow established military
protocols and reject orders they believe to be unlawful. All the
lawmakers previously served in the military or at intelligence agencies.
Grand jurors in Washington declined to sign off on charges in the latest
of a series of rebukes of prosecutors by citizens in the nation’s
capital, according to the person, who spoke on the condition of
anonymity because they were not authorized to publicly discuss the
matter. It wasn’t immediately clear whether prosecutors had sought
indictments against all six lawmakers or what charge or charges
prosecutors attempted to bring.
Grand jury rejections are extraordinarily unusual, but have happened
repeatedly in recent months in Washington as citizens who have heard the
government’s evidence have come away underwhelmed in a number of cases.
Prosecutors could try again to secure an indictment.
Spokespeople for the U.S. attorney’s office and the Justice Department
didn’t immediately respond to requests for comment Tuesday.
The FBI in November began contacting the lawmakers to schedule
interviews, outreach that came against the backdrop of broader Justice
Department efforts to punish political opponents of the president.
President Donald Trump and his aides labeled the lawmakers' video as
“seditious” — and Trump said on his social media account that the
offense was “punishable by death.”
Besides Slotkin and Kelly, the other Democrats who appeared in the video
include Reps. Jason Crow of Colorado, Chrissy Houlahan of Pennsylvania,
Maggie Goodlander of New Hampshire and Chris Deluzio of Pennsylvania.
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Sen. Mark Kelly, D-Ariz.,speaks to reporters outside of federal
court in Washington, Tuesday, Feb. 3, 2026. (AP Photo/Mark
Schiefelbein
Slotkin, a former CIA analyst who represents Michigan, said late
Tuesday that she hopes this ends the Justice Department's probe.
“Tonight we can score one for the Constitution, our freedom of
speech, and the rule of law,” Slotkin said in a statement. “But
today wasn’t just an embarrassing day for the Administration. It was
another sad day for our country,” she said.
Kelly, a former Navy pilot who represents Arizona, called the
attempt to bring charges an “outrageous abuse of power by Donald
Trump and his lackies.”
“Donald Trump wants every American to be too scared to speak out
against him,” Kelly said in a post on X. “The most patriotic thing
any of us can do is not back down.”
In November, the Pentagon opened an investigation into Kelly, citing
a federal law that allows retired service members to be recalled to
active duty on orders of the defense secretary for possible
court-martial or other punishment. Defense Secretary Pete Hegseth
has censured Kelly for participating in the video and is trying to
retroactively demote Kelly from his retired rank of captain.
The senator is suing Hegseth to block those proceedings, calling
them an unconstitutional act of retribution. During a hearing last
week, the judge appeared to be skeptical of key arguments that a
government attorney made in defense of Kelly’s Jan. 5 censure by
Hegseth.
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