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Grand Jury Rejects Charges, Judge Halts Pentagon Punishment of Sen. Mark Kelly Over ‘Illegal Orders’ Video

The twin rebukes highlight institutional checks on efforts to criminalize a 90‑second message urging service members to refuse unlawful commands.

Overview

  • A Washington, D.C., grand jury declined to indict six Democrats over a video telling troops and intelligence personnel to refuse illegal orders, despite prosecutors’ push from U.S. Attorney Jeanine Pirro’s office.
  • Prosecutors reportedly pointed to a statute on interfering with the loyalty, morale or discipline of the armed forces, but jurors refused to advance charges that typically require only probable cause.
  • U.S. District Judge Richard Leon issued a preliminary injunction blocking Defense Secretary Pete Hegseth from demoting retired Navy captain Mark Kelly or cutting his pension, writing that officials trampled Kelly’s First Amendment rights.
  • The video featured Sens. Elissa Slotkin and Mark Kelly and Reps. Jason Crow, Chrissy Houlahan, Chris Deluzio and Maggie Goodlander, all veterans or former intelligence officials.
  • President Trump denounced the video as “seditious behavior” and called for severe punishment, the FBI sought interviews with the lawmakers, and Republicans defended potential prosecutions, though prosecutors could still explore other avenues and the Pentagon could appeal.