In a major blow to President Trump’s legal offensive against his political rivals, a federal grand jury in Washington, D.C., has declined to indict six Democratic lawmakers on charges of seditious conspiracy. The investigation, led by U.S. Attorney Jeanine Pirro, targeted the lawmakers over a November 2025 video in which they—all military or intelligence veterans—reminded service members of their constitutional duty to refuse “illegal orders.”
The New York Times reported today, Wednesday, February 18, 2026, that Pirro’s insistence on seeking indictments “shocked” her own staff, who had previously characterized their interactions with the lawmakers’ attorneys as “genial” and investigative rather than adversarial.
The “Illegal Orders” Video and Trump’s Reaction
The controversy began last fall when the group released a 90-second clip warning that threats to the Constitution were coming “from right here at home.”
- Presidential Ire: Following the video’s release, President Trump took to Truth Social to label the message “seditious behavior” and claimed it was “punishable by death.” He publicly demanded the arrest and prosecution of those involved.
- The “Six” Targeted: The investigation focused on Senators Mark Kelly (D-AZ) and Elissa Slotkin (D-MI), as well as Representatives Jason Crow (D-CO), Maggie Goodlander (D-NH), Chrissy Houlahan (D-PA), and Chris Deluzio (D-PA).
- Grand Jury Rebuke: On Tuesday, February 10, 2026, the grand jury refused to return an indictment. Legal experts noted this is an extremely rare occurrence, as the old adage says a prosecutor can usually “indict a ham sandwich.” One former prosecutor called the rejection a “stunning failure” of Pirro’s leadership.
The Mark Kelly vs. Pete Hegseth Battle
While the criminal case has stalled, a parallel legal fight continues between Senator Mark Kelly and Defense Secretary Pete Hegseth.
- Administrative Retaliation: Hegseth issued Kelly a formal Secretarial Letter of Censure and moved to initiate a “retirement-grade review.” The goal was to demote Kelly from his retired rank of Navy Captain to Commander, which would have significantly reduced his pension.
- Federal Court Victory: On Thursday, February 12, 2026, U.S. District Judge Richard Leon blocked the Pentagon from punishing Kelly. In a scathing ruling, the judge said the administration had “trampled” on the Senator’s First Amendment rights and dismissed the government’s arguments as “Horsefeathers!”
Key Figures in the Sedition Investigation
| Name | Background | Role in Controversy |
| Jeanine Pirro | U.S. Attorney (D.C.) | Led the failed effort to indict lawmakers for seditious conspiracy. |
| Mark Kelly | Retired Navy Captain | Successfully sued to stop his demotion; remains an outspoken critic. |
| Elissa Slotkin | Former CIA Analyst | Organized the video; celebrated the grand jury’s decision as a “win for the law.” |
| Pete Hegseth | Secretary of Defense | Attempted to use military retirement statutes to punish Kelly for political speech. |
Current Standing of the Case
Although the grand jury declined to indict, Jeanine Pirro has not officially closed the case. According to current reports, she has set the investigation “to the side” for now. Democratic leaders, including Senator Dick Durbin, have called for a full preservation of records, fearing the investigation could be weaponized again ahead of the 2026 midterms.
