Executive Summary
- A federal grand jury in Washington, D.C., declined to indict Senators Mark Kelly and Elissa Slotkin on seditious conspiracy charges.
- The investigation centered on a video reminding military personnel of their right to refuse illegal orders.
- Senator Slotkin alleged the indictment was attempted by U.S. Attorney Jeanine Pirro at the direction of President Trump.
- The New York Times reported that four House Democrats were also targets of the failed indictment effort.
A federal grand jury in Washington, D.C., has declined a request by prosecutors to indict U.S. Senators Mark Kelly (D-AZ) and Elissa Slotkin (D-MI) on charges of seditious conspiracy, according to reports from MS Now regarding the Tuesday decision.
The attempted indictments stemmed from a video featuring the two senators and four other Democratic members of Congress, which reminded U.S. military personnel of their legal right to refuse illegal orders from superiors. The New York Times reported that federal prosecutors also unsuccessfully sought indictments against the four other participants in the video: Representatives Maggie Goodlander (D-NH), Jason Crow (D-CO), Chris Deluzio (D-PA), and Chrissy Houlahan (D-PA).
Senator Slotkin released a statement identifying the prosecutor as U.S. Attorney Jeanine Pirro, alleging the legal action was initiated at the direction of the White House. “Pirro did this at the direction of President Trump, who said repeatedly that I should be investigated, arrested, and hanged for sedition,” Slotkin stated. She added that the grand jury of “anonymous American citizens” upheld the rule of law by determining the case should not proceed.
Senator Kelly characterized the investigation as an “outrageous abuse of power” by President Trump. In a statement released on X, Kelly alleged that the attempt to charge him followed threats of censure and demotion by Defense Secretary Pete Hegseth. “It appears they tried to have me charged with a crime — all because of something I said that they didn’t like,” Kelly said.
Representative Goodlander confirmed she was among the group targeted, stating that the grand jury honored the Constitution by rejecting the prosecutors’ request. In contrast, House Speaker Mike Johnson (R-LA) expressed support for the indictment effort, stating on Tuesday that he believes the six Democrats involved in the video regarding illegal orders should face charges.
Legal Ramifications
The refusal of a grand jury to return an indictment, known as a “no bill,” suggests that the jurors did not find probable cause to believe a crime was committed, a relatively rare outcome in federal proceedings where the evidentiary threshold is lower than at trial. This decision halts the immediate prosecution of the lawmakers on these specific grounds unless new evidence is presented. It is important to note that all individuals are presumed innocent until proven guilty in a court of law.
