The Trump administration suffered a fresh legal setback Tuesday after failing to secure a grand jury indictment tied to a group of Democratic lawmakers who urged members of the military and intelligence community not to follow unlawful orders, according to NBC News.
The unsuccessful push for charges came after several lawmakers declined voluntary interviews with federal investigators. It also unfolded as the Pentagon escalated—then imposed—administrative action involving Sen. Mark Kelly, intensifying a rare confrontation touching on free speech, congressional protections, and civil-military norms during President Donald Trump’s second term.
The dispute is testing the boundaries of the First Amendment and constitutional “speech or debate” protections for sitting members of Congress, while also fueling concerns about the political use of federal law enforcement and executive power.
The controversy centers on a video released in November that included Reps. Jason Crow (Colorado), Maggie Goodlander (New Hampshire), Chris Deluzio (Pennsylvania), Chrissy Houlahan (Pennsylvania), and Sens. Mark Kelly (Arizona) and Elissa Slotkin (Michigan).
NBC News, citing three sources, reported that the attempted indictment was pursued by Jeanine Pirro, the U.S. attorney for the District of Columbia. It remains unclear whether all lawmakers featured in the video were potential targets.
NBC News also reported that Pirro’s office relied on political appointees rather than career prosecutors, and noted the Trump administration’s dismantling of the Justice Department’s Public Integrity Section—typically a key internal check on investigations involving members of Congress.
Kelly condemned the effort in a post on X, calling it an “outrageous abuse of power” and arguing the administration was trying to punish speech it disliked. Slotkin similarly said she had been targeted for organizing a short video that, she claimed, “simply quoted the law,” and said the grand jury refused to move the case forward.
Trump, in a Truth Social post in November, described the lawmakers’ remarks as “seditious” and called for them to be locked up.
Meanwhile, Kelly’s legal fight with Defense Secretary Pete Hegseth continues to play out in court.
