U.S. Attorney for the District of Columbia Jeanine Pirro has ended her office’s attempt to indict six Democratic lawmakers over a social media video that urged service members not to follow unlawful orders. The move follows a federal grand jury’s unanimous refusal earlier this month to bring charges, according to NBC News, which first reported the development.
The grand jury’s rejection effectively halted the case in Washington. CBS News and NewsNation later confirmed the decision. A spokesman for Pirro declined to comment to Straight Arrow News.
Grand jury blocks indictment
Pirro’s office presented the case to a Washington grand jury under 18 U.S.C. § 2387, a statute that criminalizes encouraging insubordination or refusal of duty in the military. The six Democrats — Sens. Elissa Slotkin, D-Mich., and Mark Kelly, D-Ariz., and Reps. Maggie Goodlander, D-N.H., Jason Crow, D-Colo., Chris Deluzi, D-Penn., and Chrissy Houlahan, D-Penn. — all have military or intelligence backgrounds.
In the video, they reminded service members that the Uniform Code of Military Justice requires obedience to lawful orders and refusal of manifestly illegal ones.
The grand jury declined to indict. Prosecutors generally secure charges once a case reaches that stage.
A different federal district could attempt to revive the matter, but there is no public indication that will happen.
Trump calls video “sedition”
President Donald Trump responded to the video on social media, calling the lawmakers’ conduct “SEDITION AT THE HIGHEST LEVEL” and writing that it could be punishable by death.
The lawmakers rejected the allegation and described the inquiry as political. Slotkin said the effort reflected an attempt to “weaponize” the justice system against perceived opponents. Kelly told reporters Monday he will continue to attend official duties, including the president’s State of the Union address.
“I’m gonna continue to do my job, and I’m going to be sitting there right in front of him,” Kelly said. “You know, maybe he’ll notice, maybe not, but I feel it’s my obligation, you know, to be there.”
Defense attorneys warned Pirro’s office against continuing the case. Abbe Lowell, who represents Crow, called the indictment attempt “a breathtaking and unprecedented level of prosecutorial overreach.”
Former U.S. Attorney Preet Bharara, representing Slotkin, wrote that prosecutors failed to articulate a viable theory of criminal liability.
“There is simply nothing for prosecutors to investigate—there is no crime here,” he wrote.
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Appointment context
Pirro, a former Fox News host, was appointed U.S. attorney for the District of Columbia after Senate Republicans opposed the nomination of Ed Martin. She has posted frequently praising Trump since taking office, but has not publicly addressed the case against the lawmakers.
The decision closes the matter in Washington after the grand jury’s rejection. Pirro’s office cannot comment on grand jury proceedings.