Executive Summary
- Speaker Mike Johnson stated six Democrats should be indicted despite a grand jury rejecting the charges.
- A federal grand jury found no probable cause to indict the lawmakers over a video regarding “illegal orders.”
- The Pentagon is separately reviewing Senator Mark Kelly’s rank and pension status.
- Senators Kelly and Slotkin criticized Johnson for undermining the constitutional separation of powers.
WASHINGTON – House Speaker Mike Johnson stated on Wednesday that six Democratic lawmakers “should be indicted” for their participation in a video regarding military conduct, despite a federal grand jury refusing to return charges against them earlier that day.
The comments from the Speaker followed the decision by a grand jury to block indictments sought by the Department of Justice against Senators Mark Kelly (D-Ariz.) and Elissa Slotkin (D-Mich.), as well as Representatives Jason Crow (D-Colo.), Maggie Goodlander (D-N.H.), Chrissy Houlahan (D-Pa.), and Chris Deluzio (D-Pa.). The investigation, led by the office of U.S. Attorney for the District of Columbia Jeanine Pirro, focused on a November video in which the lawmakers—all of whom have military or intelligence backgrounds—urged service members to defy “illegal orders.”
According to reporters present at the Capitol, Johnson argued that “getting in the way of sensitive operations” is a serious matter that “probably is a crime.” The video in question was released following President Trump’s authorization of military boat strikes in the Caribbean. At the time, President Trump had strongly condemned the lawmakers’ statement.
The grand jury, however, determined that prosecutors failed to meet the standard of probable cause necessary to secure an indictment. In a separate administrative move, the Pentagon is reportedly considering censuring Senator Kelly and reducing his retirement rank, which could impact his military pension.
Responding to Speaker Johnson’s remarks, Senator Kelly criticized the Speaker’s alignment with the executive branch. “If he’s going to side at every moment with this administration when they are clearly not on the side of the Constitution, I think he’s got to really evaluate why he is there,” Kelly told the press pool. Senator Slotkin added that the legislative branch was designed to provide checks and balances, rather than to automatically comply with presidential directives.
Judicial and Legislative Implications
The refusal of a grand jury to indict sitting members of Congress is a significant procedural development, highlighting the high legal threshold required to criminalize political speech or legislative advocacy under federal law. This event underscores the friction between the Department of Justice’s current prosecutorial priorities and the judicial safeguards inherent in the grand jury system. The continued pursuit of administrative penalties by the Pentagon against Senator Kelly suggests that while criminal liability has been ruled out by the judicial branch, institutional disputes regarding military discipline and the separation of powers remain active areas of conflict within the federal government.
It is important to note that the grand jury found no probable cause for criminal charges, and all individuals involved are presumed innocent.
