Grand jury refuses to indict six Democrats in Trump's sedition case over military orders video

The federal grand jury refused to indict on Feb. 10, 2026. Sources told NBC News that DOJ attorneys couldn't convince even a single juror that probable cause existed. Federal grand juries have 16-23 members, with 12 needed to advance an indictment. Zero jurors voted to indict.

The video was posted in November 2025. It featured six Democrats with military or intelligence backgrounds explaining that the Uniform Code of Military Justice allows servicemembers to refuse manifestly illegal orders. Trump called their participation seditious and initially said they should be hanged.

Federal grand juries almost never refuse to indict. In fiscal year 2016, prosecutors sought federal charges against 69,451 felony defendants. Grand juries returned a no bill in only six cases—a 0.009% refusal rate.

The prosecution was led by Trump appointee JPJeanine Pirro, U.S. Attorney for 🏛️D.C. The government attorneys were political appointees, not career prosecutors. This deviated from standard practice for investigating sitting members of Congress.

Under longstanding DOJ policy, the Public Integrity Section would normally sign off on every step of investigating a member of Congress, especially with First Amendment considerations. The Trump administration dismantled the Public Integrity Section.

Defense Secretary PHPete Hegseth formally censured Sen. Kelly and sought to reduce his retirement rank as punishment. Kelly sued Hegseth, arguing the censure violated his First Amendment rights and constitutional protections for members of Congress.

The six lawmakers refused FBI interview requests. Their attorneys advised them the administration was only seeking interviews to check a box for Trump. Kelly and Slotkin learned about the indictment attempt through media reports.