Grand Jury Rebuffs Justice Dept. Attempt to Indict 6 Democrats in Congress
The rejection was a remarkable rebuke, suggesting that ordinary citizens did not believe that the lawmakers had committed any crimes.
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Federal prosecutors in Washington sought and failed on Tuesday to secure an indictment against six Democratic lawmakers who posted a video this fall that enraged President Trump by reminding active-duty members of the military and intelligence community that they were obligated to refuse illegal orders, four people familiar with the matter said.
It was remarkable that the U.S. attorney’s office in Washington — led by Jeanine Pirro, a longtime ally of Mr. Trump’s — authorized prosecutors to go into a grand jury and ask for an indictment of the six members of Congress, all of whom had served in the military or the nation’s spy agencies.
But it was even more remarkable that a group of ordinary citizens sitting on the grand jury in Federal District Court in Washington forcefully rejected Mr. Trump’s bid to label their expression of dissent as a criminal act warranting prosecution.
The move to charge the lawmakers — among them, Senator Mark Kelly of Arizona and Senator Elissa Slotkin of Michigan — was, by any measure, an extraordinary attempt by Trump appointees to politicize the criminal justice system even for a Justice Department that has repeatedly shattered norms of independence from the White House and followed Mr. Trump’s directives to prosecute his adversaries.
But manipulating bureaucratic levers is not the same thing as controlling the entire criminal justice system.
Before Mr. Trump’s second term, it had been exceedingly rare for grand jurors to rebuff requests by prosecutors seeking indictments. It is now happening with increased frequency, as Mr. Trump’s appointees push ahead with questionable cases in an effort to appease him.
On Tuesday, prosecutors presenting the case sought to persuade the grand jurors that the lawmakers had violated a statute that forbids interfering with the loyalty, morale or discipline of the U.S. armed forces, according to one of the people familiar with the matter.
They sought to bring charges against Mr. Kelly, Ms. Slotkin and their four colleagues in the House: Jason Crow, a former Army Ranger; Maggie Goodlander, a former Navy reservist; Chrissy Houlahan, a former Air Force officer; and Chris Deluzio, a Navy veteran.
The Justice Department declined to comment.
Ms. Slotkin welcomed the outcome. “No matter what President Trump and Pirro continue to do with this case, tonight we can score one for the Constitution, our freedom of speech, and the rule of law,” she said in a statement.
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