A federal grand jury on Tuesday declined to indict six Democratic members of Congress who had been investigated by the Justice Department over a video encouraging service members to refuse unlawful military orders. The decision, first reported by The New York Times, follows months of political debate surrounding the inquiry. The grand jury was convened in Washington, D.C.
According to sources familiar with the matter, prosecutors considered potential charges under 18 U.S.C. § 2387, a statute that addresses efforts to promote insubordination or disloyalty within the armed forces. The law requires proof that an individual intended to interfere with or influence the loyalty or discipline of service members. Ultimately, the grand jury declined to move forward with an indictment.
The investigation centered on a 90-second video posted in November in which the six lawmakers — all of whom are military veterans or have national security backgrounds — stated that service members are obligated to refuse unlawful orders. The video was released amid public debate over the limits of executive authority and the role of the military in domestic matters. Legal experts generally note that U.S. troops are required to follow lawful orders and may be obligated to refuse orders that are clearly unlawful.
The lawmakers criticized the investigation and welcomed the grand jury’s decision. Some described the probe as politically motivated, while others framed the outcome as a reaffirmation of constitutional principles. Defense Secretary Pete Hegseth had previously expressed concern that the video could create confusion among service members. With no indictment issued, the case appears to have concluded for now.