Doesn't mean they'll drop it, but it's a good start.In a critical loss for the Justice Department, a federal grand jury on Tuesday refused to indict Democratic lawmakers who made a video reminding members of the military and intelligence community that they can refuse to carry out illegal orders.
Mother Jones
Judge Box of Wine is what I hear her called sometimes.The six Democrats featured in the 90-second clip are Sens. Elissa Slotkin (Mich.) and Mark Kelly (Ariz.), and Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Maggie Goodlander (N.H.), and Chrissy Houlahan (Pa.)—and they all served in the military or intelligence agencies. The indictment was sought by DC US Attorney Jeanine Pirro, who is a longtime ally of President Donald Trump and a former Fox News host.
And, yesterday, a judge ruled in that case.The video, which was posted back in November, was met with an avalanche of threats and attempted retaliation from President Donald Trump, Secretary of Defense Pete Hegseth, and—now—Pirro and the DOJ.
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In early January, Hegseth censured Kelly, alleging that the retired Navy combat pilot and astronaut had engaged in “seditious” conduct. Kelly quickly sued Hegseth for violating his constitutional rights.
What a dunce.U.S. District Judge Richard Leon (a George W Bush nominee) ruled that Pentagon officials not only violated Kelly’s First Amendment free speech rights, but they also “threatened the constitutional liberties of millions of military retirees.” The judge invoked an old-fashioned rebuke -- “Horsefeathers!” -- in response to the government’s claim that Kelly is trying to exempt himself from the rules of military justice.
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Leon’s order prohibits the Pentagon from implementing or enforcing Kelly’s punishment while his lawsuit is pending. The judge instructed the parties to provide him with an update in 30 days.
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[A] Washington grand jury declined to indict the lawmakers over the video.
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Michigan Sen. Elissa Slotkin has said she has been told the Justice Department could seek a new indictment as soon as Friday. Kelly and Slotkin said at a news conference Wednesday that they are keeping all legal options on the table regarding potentially suing the administration.
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[DOD chief Pete] Hegseth said Kelly’s censure was “a necessary process step” to proceedings that could result in a demotion from the senator’s retired rank of captain and subsequent reduction in retirement pay.
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Hegseth said the government will appeal Leon’s decision. “Sedition is sedition, ‘Captain,’” he posted on his X account, referring to Kelly by his rank at retirement.
AP News
The Pentagon began investigating Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other punishment. Hegseth has said Kelly was the only one of the six lawmakers to be investigated because he is the only one who formally retired from the military and still falls under the Pentagon’s jurisdiction.
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[Judge] Leon said that Kelly “is likely to succeed on the merits” of his free speech claim. “He has also shown irreparable harm, and the balance of the equities fall decidedly in his favor.”
UPDATE 02/24/2026:
