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Grand jury declines to charge Democrats in 'illegal orders' video

February 11, 2026

A federal grand jury has declined to indict six Democratic members of Congress who published a video encouraging military personnel to refuse illegal orders. The Justice Department, under a Trump-appointed US attorney, had pursued seditious conspiracy charges that carried potential 10-year prison sentences against the lawmakers, all of whom had military or intelligence backgrounds. The video, released last November amid concerns about potentially illegal military strikes in South America, prompted President Trump to call it "seditious" and launch a federal investigation.

Who is affected

  • Six Democratic lawmakers: Senator Mark Kelly (Arizona), Representatives Jason Crow (Colorado), Maggie Goodlander (New Hampshire), Chris Deluzio (Pennsylvania), Chrissy Houlahan (Pennsylvania), and Elissa Slotkin (Michigan)
  • US military service members who were the intended audience of the video
  • US Attorney for the District of Columbia Jeanine Pirro's office
  • The Trump administration and President Donald Trump
  • Pete Hegseth (who censured Kelly and threatened demotion)

What action is being taken

  • Senator Mark Kelly is suing the government over the move to reduce his retirement rank.

Why it matters

  • This case represents a significant test of free speech protections for elected officials and the boundaries of legitimate political dissent. The prosecution attempt raises concerns about potential weaponization of the justice system against political opponents and whether government officials can face criminal charges for encouraging adherence to constitutional principles. The outcome also has implications for civil-military relations, particularly regarding service members' rights and obligations when confronted with potentially illegal orders. The grand jury's refusal to indict suggests public skepticism about using sedition laws against lawmakers exercising their constitutional duties.

What's next

  • No explicit next steps stated in the article

Read full article from source: BBC