US federal prosecutors have failed to secure an indictment against six members of Congress who published a video last year encouraging US troops to disobey orders they deem illegal.
A grand jury declined to indict the Democratic lawmakers on charges of seditious conspiracy in the case pursued by the office of the US attorney for the District of Columbia, Jeanine Pirro, who was nominated to the position by President Donald Trump.
Trump had branded the video “seditious” and a federal probe into the video was launched shortly after.
One lawmaker, Senator Mark Kelly, a former Navy captain and astronaut, has sued the government for moving to reduce his retirement rank over the video.
Following news of the failed indictment, Kelly wrote on social media: “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.”
The BBC has reached out to the US Department of Justice for comment.
The justice department had sought to charge the lawmakers, who had all either served in the military or had roles in intelligence, under a criminal statute known as 18 U.S.C. § 2387, which includes treason, sedition and subversive activities, according to the BBC’s US partner CBS News.
It contains a maximum 10-year prison sentence for those who encourage “insubordination, disloyalty, mutiny, or refusal of duty by any member of the military”.
The other five member of the House who participated in the video are Jason Crow of Colorado, Maggie Goodlander of New Hampshire, Chris Deluzio and Chrissy Houlahan of Pennsylvania, and Elissa Slotkin of Michigan.
On Tuesday, Slotkin wrote on X: “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.”
Critics of the Trump administration had called the government’s crackdown on the six lawmakers an attack on free speech and said it was another instance of the president seeking to punish those he perceives as political enemies.
The controversy stems from a 90-second video released last November by the lawmakers, telling US service members that they “can refuse illegal orders”.
It was released amid rising questions of legality regarding American strikes on alleged narco-trafficking boats off the coast of South America.
Kelly said in the video: “Our laws are clear. You can refuse illegal orders.”
“Like us, you all swore an oath to protect and defend this constitution. Right now, the threats coming to our constitution aren’t just coming from abroad but from right here at home.”
By BBC News
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