US Prosecutors Decline Charges Over Military Advice Video

In a significant development on February 10-11, 2026, a federal grand jury rejected the Trump administration’s Justice Department’s attempt to indict six Democratic lawmakers who, in late 2025, released a video urging U.S. military members not to follow “unlawful orders.” This marks a rare instance where prosecutors’ push for charges—widely seen as politically motivated—did not advance, highlighting ongoing tensions between the administration and congressional Democrats.

Background on the Controversy

The video, released in November 2025 amid escalating debates over executive authority and immigration enforcement, featured prominent Democrats including:

• Sen. Elissa Slotkin (D-MI), a former CIA analyst and Iraq War veteran
• Sen. Mark Kelly (D-AZ), a former astronaut and Navy veteran
• Reps. Jason Crow (D-CO), Maggie Goodlander (D-NH), Chris Deluzio (D-PA), and Chrissy Houlahan (D-PA)

They advised service members to adhere to the Constitution and refuse illegal directives, drawing parallels to historical precedents like the Uniform Code of Military Justice. President Trump responded sharply on social media, calling the lawmakers deserving of severe consequences and labeling their actions as treasonous or seditious.

The Justice Department, under Attorney General Pam Bondi, reportedly pursued charges related to potential violations like incitement, solicitation of mutiny, or related statutes. However, the grand jury declined to issue indictments, a decision described by sources as reflecting insufficient evidence or concerns over First Amendment protections for political speech.

Reactions and Implications

• Democrats hailed the outcome as a victory against what they called “weaponization” of the DOJ for political retribution. The lawmakers involved issued statements emphasizing constitutional duties and free speech.
• Administration allies criticized the grand jury, with some Trump supporters arguing it showed bias in the system or insufficient aggressive prosecution.
• Broader Context: This fits into a pattern of high-profile DOJ actions under the second Trump term, including scrutiny of perceived political opponents, Epstein file handling, and immigration-related probes. Attorney General Bondi faces upcoming testimony before the House Judiciary Committee, where questions on these matters are anticipated.

The failed indictment effort underscores deep partisan divides over executive power, military loyalty, and the boundaries of political speech. No appeals or refilings have been announced, but the episode could fuel further congressional oversight or legal challenges.

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