Politics February 10, 2026

Democrats Condemn Reported Failed Bid by Federal Prosecutors to Indict Lawmakers Over Video Urging Soldiers to Refuse Unlawful Orders

Senators and representatives push back after news reports that prosecutors sought, but did not obtain, a grand jury indictment tied to a short video telling military personnel to refuse illegal commands

By Hana Yamamoto
Democrats Condemn Reported Failed Bid by Federal Prosecutors to Indict Lawmakers Over Video Urging Soldiers to Refuse Unlawful Orders

Democratic lawmakers criticized what they described as an attempted effort by the Justice Department under President Donald Trump to secure indictments against members of Congress who produced a brief video urging military and intelligence personnel not to follow unlawful orders. Senators and representatives directly involved said a grand jury declined to advance charges after being asked to consider the case. The episode adds to tensions over the administration's interactions with political opponents and its use of federal forces.

Key Points

  • Federal prosecutors reportedly attempted but did not obtain a grand jury indictment over a 90-second video in which six Democratic lawmakers urged military and intelligence personnel not to follow unlawful orders. This touches on legal and political oversight of civil-military relations - relevant to political risk assessments.
  • Senator Elise Slotkin said U.S. Attorney Jeanine Pirro tried to persuade a grand jury to indict her for organizing the video, and the grand jury declined to advance the case - an outcome lawmakers framed as upholding the rule of law.
  • Senator Mark Kelly described the reported action as abuse of power and referenced prior censure and demotion threats from Pentagon leadership; the episode forms part of broader criticism of the administration's deployments of federal agents and National Guard troops in cities governed by Democrats.

Democratic lawmakers on Tuesday expressed strong objections after media reports said federal prosecutors attempted, but failed, to obtain a grand jury indictment tied to a short video in which six Democrats urged members of the military and intelligence communities not to follow unlawful orders.

Senator Elise Slotkin posted on X that U.S. Attorney Jeanine Pirro had sought to persuade a grand jury to indict her in connection with a 90-second video that, she said, merely quoted statutory text. "Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed," Slotkin wrote.

Media outlets reported late on Tuesday that federal prosecutors had tried and failed to secure an indictment related to the video. The U.S. Justice Department did not offer an immediate comment on those reports.

Senator Mark Kelly also criticized what he characterized as an overreach by the administration. He said the move represented "an outrageous abuse of power by Donald Trump and his lackies," and framed it as a punitive response to criticism. Kelly referenced prior actions by Pentagon chief Pete Hegseth, saying Hegseth had censured him and threatened demotion, and that the new reported action appeared intended to punish him for public remarks.

Late last year, President Trump sharply denounced the Democratic lawmakers who advised military personnel to refuse illegal orders, calling them "traitors who could face execution," according to the reports. The short video from the Democrats was produced amid debate over the president's decisions to deploy National Guard units in U.S. cities and to authorize lethal strikes on boats suspected of smuggling drugs from Latin America.

The six Democratic lawmakers who appeared in the video included Senator Elise Slotkin, a former CIA analyst and Iraq war veteran; Senator Mark Kelly, a former astronaut and Navy veteran; and Representatives Jason Crow, Maggie Goodlander, Chris Deluzio and Chrissy Houlahan.

Rights experts and other critics have questioned the Trump administration's targeting of political opponents and its deployment of federal agents and National Guard troops in cities led by Democratic governors and mayors. Those administration actions have prompted legal challenges and street protests, according to the reporting.


Context and implications

The reported attempt to present the case to a grand jury and its apparent failure underscore the contentious relationship between the administration and its opponents on questions of civil-military relations and the boundaries of lawful protest. Lawmakers involved contend the video reflected legal guidance, while critics of the administration point to broader concerns about the targeting of political adversaries and the use of federal forces in domestic settings.

Risks

  • Heightened political and legal confrontations between the administration and congressional opponents could increase policy uncertainty, particularly around civil-military norms and the use of federal forces in domestic settings - this risk may affect defense contractors and municipal budgets tied to security deployments.
  • Perceived targeting of political figures by federal prosecutors may raise concerns about rule-of-law consistency and could spur additional legal challenges and protests, which can carry reputational and operational risks for institutions involved in managing federal deployments.

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