U.S. Attorney Jeanine Pirro, a former Fox News host, failed to secure charges against members of Congress who urged American troops and intelligence officials to "refuse illegal orders" from the Trump administration
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NEED TO KNOW
- President Donald Trump’s administration has failed to indict six Democratic lawmakers for their role in creating a PSA that urged members of the military and intelligence communities to “refuse illegal orders”
- The group posted the video message in November 2025, which stated, in part, “No one has to carry out orders that violate the law or our Constitution”
- In addition to attempting legal action, Trump was accused of threatening violence against the group on social media after writing that they engaged in “SEDITIOUS BEHAVIOR, punishable by DEATH!”
President Donald Trump's administration has failed to indict six Democratic lawmakers for their role in creating a public service announcement in which they urged members of the military and intelligence communities to "refuse illegal orders."
The legal charge was led by U.S. Attorney for D.C. Jeanine Pirro, who sought to punish the group — which included Michigan Sen. Elissa Slotkin, Arizona Sen. Mark Kelly, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, New Hampshire Rep. Maggie Goodlander, and Colorado Rep. Jason Crow — for the video that was posted on social media on Nov. 18.
Slotkin issued a statement on X after a grand jury rejected the charges, saying, "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," she continued.
"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," she continued.
In the viral video, the members of Congress, who are all veterans of the military or intelligence community, spoke directly to their peers, saying, “We know you are under enormous stress and pressure right now. Americans trust their military, but that trust is at risk. This administration is pitting our uniformed military and intelligence community professionals against American citizens like us. You all swore an oath to protect and defend this Constitution."
"Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home," they continued. "Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution."
The video's message was in line with the Uniform Code of Military Justice, which states that members of the military are obliged to obey only lawful orders and must refuse those that are illegal.
However, Trump responded in a series of social media posts that were characterized by some as a threat against the lawmakers for "seditious behavior."
"It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL," Trump wrote in one post. He escalated his attack against them in another, which read, "SEDITIOUS BEHAVIOR, punishable by DEATH!"
The president also shared a response from one of his supporters, which threatened, "Hang them George Washington would !!"
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Trump later denied that he was calling for violence.
"I'm not threatening them, but I think they're in serious trouble. I would say they're in serious trouble," Trump clarified on The Brian Kilmeade Show on Nov. 21. "In the old days it was death… Today, nothing's a big deal, today's a different world. It's a softer, it's a meeker, milder world. But I will say this, I think what they did is really bad."
"These are bad people," he added. "These are people that, in my opinion, broke the law. Now what happens to them, I can't tell you."
Despite his attempt to walk back the threats of violence, Slotkin told MS NOW at the time that she and the other lawmakers in the video were put under surveillance for their protection.
"Capitol Police came to us and said, you know, 'We're going to put you on 24/7 security.' We've got law enforcement out in front of my house," she said.
Defense Secretary Pete Hegseth has additionally threatened to punish Kelly by seeking to downgrade his retirement rank as a Navy captain. A federal judge is expected to rule on that in the coming days.
Kelly, who was also issued a formal letter of censure by Hegseth for his role in the video, said in a statement this week, “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.”
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