Grand Jury Declines to Indict Democratic Lawmakers Over ‘Refuse Unlawful Orders’ Video
WASHINGTON, D.C. — A federal grand jury has declined to indict six Democratic lawmakers, including U.S. Representatives Chrissy Houlahan and Chris Deluzio of Pennsylvania, following a high-profile investigation into a video they released urging military personnel to disobey “unlawful orders.”
The decision marks a significant rebuke of the Department of Justice’s efforts to pursue charges under 18 U.S.C. § 2387, a federal statute prohibiting interference with the loyalty, discipline, or morale of the armed forces. The investigation, spearheaded by U.S. Attorney for the District of Columbia Jeanine Pirro, was launched after President Donald Trump publicly characterized the video as “seditious behavior” and called for the lawmakers to face severe consequences, including suggesting the actions were “punishable by death.”
Lawmakers Respond to “Politicized” Investigation
Representative Chris Deluzio (D-PA), a Navy veteran, issued a defiant statement immediately following the grand jury’s decision.
“I will not be intimidated for a single second by the Trump Administration or Justice Department lawyers who tried and failed to indict me today,” Deluzio said. “American citizens on a grand jury refused to go along with this attempt to charge me with a crime for stating the law in a way Trump and his enablers didn’t like. They may want Americans to be afraid to speak out or to disagree—but patriotism demands courage in this moment.”
Representative Chrissy Houlahan (D-PA), an Air Force veteran, joined her colleagues in praising the outcome, describing the grand jury’s refusal to indict as “good news for the Constitution.” Houlahan had previously criticized the probe as a “worrisome” attempt to weaponize the federal government against political opponents, stating that the video “literally restated the law.”
The video in question, released in November 2025, featured Houlahan, Deluzio, and four other Democrats with military or intelligence backgrounds: Senators Mark Kelly (AZ) and Elissa Slotkin (MI), and Representatives Jason Crow (CO) and Maggie Goodlander (NH). In the 90-second clip, the lawmakers reminded service members of their oath to the Constitution and their duty under the Uniform Code of Military Justice (UCMJ) to disobey manifestly illegal orders.
Legal and Political Battle Lines
The Department of Justice had argued that the video undermined the military chain of command and could foment insubordination within the ranks. Prosecutors sought to convince the grand jury that the lawmakers’ statements went beyond protected speech and constituted a criminal attempt to impair military discipline.
However, legal experts and defense attorneys for the lawmakers maintained that the video was protected by the First Amendment and accurately reflected military law. The UCMJ does, in fact, obligate service members to refuse orders that are clearly illegal, a principle established to prevent war crimes and adherence to unconstitutional directives.
The failure to secure an indictment is being viewed by legal analysts as a major setback for the administration’s aggressive legal strategy against political adversaries. Grand juries rarely decline to return an indictment when presented with one by federal prosecutors, making this rejection statistically and politically significant.
Background on the Controversy
The confrontation began late last year when the lawmakers released the video amid growing concerns over the administration’s rhetoric regarding the use of military force domestically. President Trump responded with a series of posts on social media, labeling the group “traitors” and urging the DOJ to act.
In addition to the criminal probe, the Department of Defense, led by Secretary Pete Hegseth, had initiated administrative censures against some of the involved lawmakers who are retired officers, including Senator Mark Kelly. Kelly has since filed a lawsuit against Hegseth, arguing the censure was an “unconstitutional crusade” against free speech.
The six lawmakers involved—all of whom served in the military or intelligence agencies—have stated they will continue to speak out on matters of national security and constitutional rights.
“Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed,” Senator Slotkin said in a statement. “Hopefully, this ends this politicized investigation for good.”
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