Grand Jury Finds No Grounds to Charge Democrats Over Advice on Illegal Military Orders

In a stunning blow to the Department of Justice’s aggressive prosecution of the President’s critics, a federal grand jury in Washington refused on Tuesday, February 10, 2026, to indict six Democratic lawmakers who appeared in a viral video advising military service members to refuse “illegal orders.”

The decision marks a rare and high-profile rejection of the government’s case by a panel of private citizens, effectively halting—at least for now—U.S. Attorney Jeanine Pirro’s attempt to bring criminal charges against sitting members of Congress.

The “Don’t Give Up the Ship” Investigation

The investigation centered on a 90-second video released in November 2025 titled “Don’t Give Up the Ship.” In the clip, the lawmakers—all veterans of the military or intelligence community—reminded troops of their constitutional obligation to follow only lawful orders.

• The Prosecution’s Theory: U.S. Attorney Jeanine Pirro reportedly sought a felony indictment for seditious conspiracy or for “interfering with the discipline of the military.”
• The Administration’s Stance: President Trump previously labeled the lawmakers the “Seditious Six,” calling their actions “punishable by death” on social media.
• The Target List: The grand jury declined to sign off on charges against:
  • Sen. Mark Kelly (D-AZ): Retired Navy Captain and NASA astronaut.
  • Sen. Elissa Slotkin (D-MI): Former CIA analyst.
  • Rep. Jason Crow (D-CO): Former Army Ranger.
  • Rep. Chrissy Houlahan (D-PA): Former Air Force officer.
  • Rep. Chris Deluzio (D-PA): Former Navy officer.
  • Rep. Maggie Goodlander (D-NH): Navy veteran.

Reactions to the Grand Jury’s “No Bill”

The rejection of an indictment is exceedingly rare in the federal system, as prosecutors only need to show “probable cause” and the defense is not present to argue their side.

“Today wasn’t just an embarrassing day for the Administration. It was another sad day for our country… A grand jury of anonymous American citizens upheld the rule of law and determined this case should not proceed.” — Sen. Elissa Slotkin

“Donald Trump wants every American to be too scared to speak out against him. The most patriotic thing any of us can do is not back down.” — Sen. Mark Kelly

Ongoing Legal Battles: Kelly v. Hegseth

The grand jury’s decision does not end the pressure on Senator Mark Kelly, who is fighting a simultaneous administrative battle with the Pentagon.

• The Censure: Defense Secretary Pete Hegseth issued a formal Letter of Censure against Kelly, calling him a “traitor” and accusing him of undermining the chain of command.
• Pension and Rank: The Department of Defense has initiated proceedings to demote Kelly from his retired rank of Captain, which could significantly slash his military pension.
• The Lawsuit: Kelly filed a federal lawsuit in January 2026 against Hegseth, alleging First Amendment retaliation. A ruling from U.S. District Judge Richard Leon on Kelly’s request for an injunction is expected by tomorrow, February 11.+1

A Pattern of Setbacks for Pirro

This is the latest in a series of setbacks for U.S. Attorney Jeanine Pirro. In late 2025, grand juries twice declined to indict New York Attorney General Letitia James on charges brought by Pirro’s office. Pirro is currently spearheading a controversial investigation into Federal Reserve Chair Jerome Powell regarding “cost overruns” at the Fed’s headquarters—a probe Powell has dismissed as a “thuggish” attempt to influence interest rate policy.