DOJ Declines Criminal Case Against Senators in Sedition Inquiry

The U.S. Attorney’s Office for Washington, D.C., led by Jeanine Pirro, has decided not to pursue criminal charges against Senators Mark Kelly of Arizona and Elissa Slotkin of Michigan, along with several other Democrats involved in what has been labeled the “Seditious Six.” This decision follows a grand jury’s refusal to issue indictments in the case, which has drawn significant attention in recent weeks.

The announcement came on October 23, 2023, just ten days after the grand jury’s decision, as reported by NBC News citing unnamed sources. Pirro’s office would need to attempt a second grand jury indictment to continue with the case, which appears unlikely based on these recent developments. While it remains within the realm of possibility for federal prosecutors to initiate legal action in a different jurisdiction, there have been no public indications to suggest this will occur.

In addition to Kelly and Slotkin, the group also includes Representatives Maggie Goodlander of New Hampshire, Jason Crow of Colorado, and Chris Deluzio and Chrissy Houlahan of Pennsylvania. The controversy traces back to a video released in November 2022, which encouraged military personnel to disobey orders that might be deemed illegal. This video, titled “Don’t Give Up the Ship,” garnered over 18.4 million views and amplified the visibility of the lawmakers involved.

In the video, Slotkin addressed military and intelligence personnel, stating, “The American people need you to stand up for our laws and our Constitution. Don’t give up the ship.” Kelly, in a subsequent NBC interview, expressed concerns over the legal responsibilities placed on military officers. He implied that the current administration’s legal explanations could lead to significant dilemmas for service members.

“It’s a tremendous amount of burden on officers in the military. But that is their responsibility,” Kelly stated. “A reasonable person can tell something that is legal and something that is illegal.” He emphasized the need for leaders who respect constitutional principles and the rule of law, suggesting that the current administration has created confusion regarding legal standards.

The situation escalated when Pete Hegseth, the Secretary of War, suggested that Kelly could face court martial for sedition. However, U.S. District Judge Richard Leon, appointed by former President George W. Bush, ruled against this action. He asserted that the defendants had infringed on Senator Kelly’s First Amendment rights and jeopardized the constitutional freedoms of countless military retirees.

This legal setback for Pirro’s office coincided with the grand jury’s refusal to indict. Following this, Slotkin’s attorney, Preet Bharara, urged the Justice Department to close the investigation. Bharara pointed out that reminding military personnel of their duty not to follow unlawful orders does not constitute a crime.

The implications of this case extend beyond the legal realm, as the Trump administration has faced scrutiny regarding the video and its participants. President Donald Trump characterized the actions of the Democratic lawmakers as “sedition at the highest level.”

As the situation continues to unfold, the decisions made by the DOJ may have significant ramifications for the political landscape. The lack of an indictment could signal a shift in how similar cases are approached in the future, potentially impacting the discourse surrounding military obedience and constitutional rights.