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A federal grand jury has declined to indict six Democratic lawmakers who appeared in a video urging military and intelligence personnel to reject illegal orders.

Some shit you should know before you dig in: Back in November, six Democratic lawmakers (Sens. Elissa Slotkin and Mark Kelly, and Reps. Jason Crow, Chrissy Houlahan, Chris Deluzio, and Maggie Goodlander) released a 90-second video urging members of the military and intelligence community to disobey any unlawful orders. The video, posted amid rising concerns over the legality of US military strikes targeting alleged narco boats in the Caribbean, stressed that service members have a duty to refuse illegal commands. The video pissed off President Trump, who labeled the video “SEDITIOUS BEHAVIOR, punishable by DEATH” and called for the lawmakers to be investigated, prosecuted, and even face the death penalty. The Pentagon also moved to punish Sen. Kelly by attempting to reduce his military rank and retirement benefits retroactively (a move now under judicial review and being challenged as a violation of his First Amendment rights).

Trump and mark kelly getty images

What’s going on now: In a notable development, The New York Times reported that the US Attorney for the District of Columbia, Jeanine Pirro (a former Fox News host and longtime Trump ally), brought the case before a federal grand jury, seeking to indict the six lawmakers on charges of interfering with the loyalty, morale, or discipline of the US armed forces. Despite the low legal threshold typically required for an indictment, the grand jury refused to proceed.

In response, the lawmakers reacted with a mix of vindication and outrage. Sen. Elissa Slotkin said, “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 went on to describe the case as “another sad day for our country,” accusing President Trump of continuing “to weaponize our justice system against his perceived enemies.” Rep. Chris Deluzio said, “I will not be intimidated for a single second by the Trump Administration or Justice Department lawyers who tried and failed to indict me today,” adding, “patriotism demands courage in this moment. DON’T GIVE UP THE SHIP!”

Sen. Mark Kelly echoed that sentiment, calling the indictment attempt “an outrageous abuse of power by Donald Trump and his lackeys.” He added, “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.”

On the other side, Republican leaders have shown support for the failed indictment effort. House Speaker Mike Johnson told reporters, “They probably should be indicted,” arguing that the lawmakers went “further” than simply outlining the law. “They were suggesting that [service members] disobey orders, and I think that crosses the line,” he said. Johnson also claimed the video constituted obstruction of law enforcement and could be “a very serious thing.”

As of now, the Department of Justice has not commented on this development.

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