Grand jury declines to indict US lawmakers over ‘illegal orders’ video News
U.S. Air Force Tech. Sgt. Andy Dunaway, Public domain, via Wikimedia Commons
Grand jury declines to indict US lawmakers over ‘illegal orders’ video

On Tuesday, a US federal grand jury in Washington DC decided not to indict six Democratic lawmakers on charges related to a video released in November in which lawmakers informed US service personnel of their right and obligation to disobey unlawful orders.

“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,” Michigan Senator Elissa Slotkin commented following the hearing.

The investigation into whether the lawmakers’ statements constituted criminal activity touched on a federal law that forbids interference in loyalty, morale, or discipline of the armed forces under 18 USC §2387. US Attorney Jeanine Pirro of the US Attorney’s Office for the District of Columbia brought the case. Since no indictment has been handed down, no case has been docketed in the district court.

Among those who appeared in the video are Slotkin and Arizona Senator Mark Kelly as well as four other Democratic Congress members. The video appeared as part of public discussion in late 2025 of US military deployment and operations.

Grand jury proceedings are kept secret, as prescribed by Federal Rule of Criminal Procedure 6(e). When a grand jury declines to indict, prosecutors do not file any additional revealing documents.

Senator Kelly also has an ongoing civil proceedings in response to a Pentagon letter of censure and efforts to reassess Kelly’s military retirement grade based on his appearance in the video. The case has alleged that the Department of the Navy violated the First Amendment, due process, 10 USC § 1370, the Administrative Procedure Act, and separation of powers principles.