The Trump administration’s attempt to punish six Democratic lawmakers for urging members of the military and intelligence communities to disobey unlawful orders has failed.
Three sources familiar with the matter told NBC News that the Department of Justice was unsuccessful in its bid to secure indictments in connection with the video, which featured six Democrats.
The New York Times, which cited four sources, noted that prosecutors sought to convince the grand jury that the lawmakers had violated a statute that “forbids interfering with the loyalty, morale or discipline of the U.S. armed forces.” The grand jury subsequently rejected the bid.
The lawmakers featured in the video included Senators Mark Kelly and Elissa Slotkin and Representatives Chris Deluzio, Chrissy Houlahan, Jason Crow and Maggie Goodlander. It is unclear how many of the lawmakers were targeted in the indictment, which was sought by U.S. Attorney for D.C. Janine Pirro’s office.
The Daily Beast has contacted the White House and the Department of Justice for comment.
The lawmakers found themselves in Trump’s crosshairs after featuring in a video last November in which they said that the Trump administration was pitting members of the military and intelligence communities against Americans and reminding them that service members are allowed to refuse illegal orders according to the Uniform Code of Military Justice.
“Now, more than ever, the American people need you,” the lawmakers said in the video. “Don’t give up the ship.”
The administration’s response to the video was swift and extreme, with President Donald Trump accusing the lawmakers of “SEDITIOUS BEHAVIOR, punishable by DEATH!” in a Truth Social post and his top lackey Stephen Miller accusing them of stoking “insurrection” and demanding they “resign in disgrace.”
Kelly responded to NBC’s report on X, writing, “This is an outrageous abuse of power by Donald Trump and his lackies. 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.”
“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.”
Kelly has been subjected to repeated attacks from the Trump administration, particularly Defense Secretary Pete Hegseth, who censured the 61-year-old and initiated administrative proceedings to demote him and reduce his pension. Kelly served as a captain in the Navy and is a former decorated US Navy pilot and NASA astronaut.
Sen. Elissa Slotkin also responded on X, confirming that she was one of the targets of the failed indictment. “Pirro did this at the direction of President Trump, who said repeatedly that I should be investigated, arrested, and hanged for sedition.”
“Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed. Hopefully, this ends this politicized investigation for good,” she continued.
“No matter what President Trump and Pirro continue to do with this case, tonight we can score one for the Constitution, our freedom of speech, and the rule of law.”
Despite the DOJ’s failure, House Speaker Mike Johnson maintained his support for the administration’s attempted revenge plot, telling reporters on Tuesday night that the lawmakers should have been indicted.
“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‚” Johnson told MS NOW’s Mychael Schnell.
NEW: Speaker Johnson just told me he believes the 6 Democrats who participated in the disobey illegal orders video *should* be indicted.
Comes after a grand jury rejected the attempt by federal prosecutors.
“I think that anytime you’re obstructing law enforcement and getting in… pic.twitter.com/CwfIxquzxu— Mychael Schnell (@mychaelschnell) February 11, 2026
The failed indictments are the latest in a growing number of attempts on the part of the Trump administration to persecute the president’s political enemies.
Others who have found themselves in the firing line include Federal Reserve Board Governor Lisa Cook, who Trump attempted to fire in August; Federal Reserve Chair Jerome Powell, against whom the DOJ launched a federal investigation; Democratic Rep. Eric Swalwell, who Trump accused of mortgage and tax fraud; former FBI Director James Comey, and New York Attorney General Letitia James. A judge threw out the DOJ’s cases against Comey and James in November.
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