Decision Not to Prosecute Democratic Lawmakers Over Military Video

Prosecution efforts against six Democratic lawmakers, who featured in a video encouraging military personnel to disregard unlawful orders, have been abandoned. This decision comes after a grand jury in Washington, D.C. declined to indict the lawmakers earlier this month.

Former President Donald Trump responded to the video, which was released in November 2025, by accusing Democrats of severe “incitement.” He stated, “This is incitement at the highest level, and incitement is a serious crime.”

U.S. Attorney Jeanine Pirro, an ally of Trump, opted against pursuing charges following the grand jury’s decision. It remains uncertain if federal prosecutors will attempt to take action in a different district, though this seems improbable.

In his comments, Trump further lamented that those “traitors” suggesting military personnel not follow his orders should be incarcerated rather than appearing on news networks. He insisted that there could be no other interpretation of the video’s content.

CBS News reached out to Pirro’s office for comments, but a spokesperson declined to provide any.

In a notable reaction, Pete Hegseth, who holds a military position, threatened to court-martial Arizona Sen. Mark Kelly, one of the Democratic figures involved, suggesting his military retirement benefits should be revoked. However, a federal judge later intervened, claiming this public action would infringe on Kelly’s constitutional rights to free speech.

“This is an immediate appeal. Incitement is incitement, ‘Captain,'” Hegseth remarked on social media, expressing his views on the situation.

Meanwhile, Democrats have pushed back against the accusations of encouraging disobedience, asserting they were merely reiterating military policies that allow service members to refuse commands they believe are unlawful.

“President Trump is using our legal system as a weapon against his perceived foes,” remarked Sen. Elissa Slotkin (D-Mich.), reflecting on the investigation surrounding the video. She noted that the events unfolding were more characteristic of a foreign regime than those of a democratic society.

Slotkin concluded by emphasizing the importance of upholding the Constitution and free speech, celebrating this moment as a victory for those principles.