Executive Summary
- U.S. Attorney’s Office in D.C. suspends efforts to indict six Democratic lawmakers.
- Grand jury unanimously refused to return an indictment under 18 U.S.C. § 2387.
- Investigation focused on a video concerning illegal military orders.
- Defense attorneys warned prosecutors of legal ramifications for continued pursuit.
WASHINGTON — The U.S. Attorney’s Office for the District of Columbia has decided to halt efforts to indict six Democratic lawmakers after a grand jury refused to return charges, according to sources familiar with the matter. The investigation centered on a video posted by the legislators that allegedly urged military members to disregard illegal orders.
According to reports, prosecutors led by U.S. Attorney Jeanine Pirro sought to charge the lawmakers under 18 U.S.C. § 2387. This federal statute carries a maximum sentence of 10 years for anyone who advises or counsels insubordination, disloyalty, or refusal of duty by military personnel. Sources indicated that the grand jury unanimously rejected the indictment earlier this month. Following the decision, Abbe Lowell, representing Democratic Rep. Jason Crow of Colorado, reportedly sent a letter to the U.S. Attorney’s office warning of legal ramifications should the prosecution continue.
Sources cited by CBS News suggested that the grand jurors expressed concern regarding whether the cases were politicized. While the specific effort in Washington has been tabled, sources cautioned that it remains unclear if the Justice Department will explore other venues for the case.
Judicial Oversight Analysis
The unanimous rejection of an indictment by a federal grand jury represents a significant procedural deviation, as grand juries historically return indictments in the vast majority of cases presented by federal prosecutors. This refusal underscores a substantial evidentiary or interpretative gap between the prosecution’s theory of criminal liability under 18 U.S.C. § 2387 and the grand jury’s assessment of the conduct. The outcome highlights the grand jury’s function as an independent screening mechanism within the federal judicial system, particularly in complex cases involving the intersection of political speech and military discipline.
It is important to note that charges were not returned and all individuals named in investigations are presumed innocent until proven guilty in a court of law.
