The Trump administration was handed a new legal loss on Tuesday as it failed to secure an indictment in connection with Democratic lawmakers who urged members of the military and intelligence community not to comply with unlawful orders, NBC News reports.
The collapsed indictment bid came as several of the lawmakers declined voluntary interviews with federal investigators—and as the Pentagon escalated, then imposed administrative action against U.S. Senator Mark Kelly—highlighting an extraordinary confrontation over free speech, congressional protections and civilian-military norms during President Donald Trump’s second term.
Newsweek reached out to the Department of Justice (DOJ) via online form for comment.
Why It Matters
The clash tests First Amendment and constitutional “speech or debate” protections for sitting lawmakers, raises concerns about political use of federal law enforcement and examines the limits of executive authority over retired officers now serving in Congress.
The November video included Representatives Jason Crow of Colorado, Maggie Goodlander of New Hampshire, Chris Deluzio of Pennsylvania, Chrissy Houlahan of Pennsylvania and Senators Kelly of Arizona and Elissa Slotkin of Michigan.
What To Know
According to NBC News, citing three sources, the indictment was pursued by Jeanine Pirro, U.S. attorney for the District of Columbia. It is immediately unclear if all the lawmakers in the video were potentially facing indictments.
NBC News also reports that Pirro’s office pursued the indictment with political appointees rather than career prosecutors and noted the Trump administration’s dismantling of the Justice Department’s Public Integrity Section, a traditional check on probes of members of Congress.
What People Are Saying
Kelly, on X Tuesday: “This is an outrageous abuse of power by Donald Trump and his lackies. It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime — all because of something I said that they didn’t like. That’s not the way things work in America. 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.”
Slotkin, also on X Tuesday: “Today, U.S. Attorney Jeanine Pirro attempted to persuade a Grand Jury to indict me. This was in response to me organizing a 90-second video that simply quoted the law. Pirro did this at the direction of President Trump, who said repeatedly that I should be investigated, arrested, and hanged for sedition. Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed.
“Hopefully, this ends this politicized investigation for good. But today wasn’t just an embarrassing day for the Administration. It was another sad day for our country. Because whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies. It’s the kind of thing you see in a foreign country, not in the United States we know and love. No matter what President Trump and Pirro continue to do with this case, tonight we can score one for the Constitution, our freedom of speech, and the rule of law.”
Trump, in a Truth Social post in November: “This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP??? President DJT”
What Happens Next
Kelly and Defense Secretary Pete Hegseth’s legal battle continues to play out in courts.
Update 2/10/26, 10:43 p.m. ET: This article has been updated with additional information.
