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Related: About this forumBREAKING: Trump DOJ fails to indict Dem lawmakers on sedition charges - All In - MS NOW
MS Nows Carol Leonnig reports a federal grand jury in Washington, D.C. declined to indict Sens. Mark Kelly (D-AZ) and Elissa Slotkin (D-MI) on charges of seditious conspiracy Tuesday, according to a person familiar with the proceedings. - Aired on 02/10/2026.
FakeNoose
(40,830 posts)Frasier Balzov
(4,951 posts)Jeanine Pirro was unable to show that element of the crime they were alleging.
calimary
(89,352 posts)Rhiannon12866
(252,511 posts)LetMyPeopleVote
(177,107 posts)The rejection was a remarkable rebuke, suggesting that ordinary citizens did not believe that the lawmakers had committed any crimes.
Link to tweet
https://www.nytimes.com/2026/02/10/us/politics/trump-democrats-illegal-orders-pirro.html?unlocked_article_code=1.LVA.6CKn.AKtD2kERP9jk&smid=nytcore-ios-share
It was remarkable that the U.S. attorneys office in Washington led by Jeanine Pirro, a longtime ally of Mr. Trumps 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 nations 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. Trumps 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. Trumps directives to prosecute his adversaries......
President Trump is using the F.B.I. as a tool to intimidate and harass members of Congress, the four House members who took part in the video said in a joint statement. No amount of intimidation or harassment will ever stop us from doing our jobs and honoring our Constitution.
Mr. Kelly is also facing a separate investigation by the Pentagon into what military officials described as serious allegations of misconduct.
LetMyPeopleVote
(177,107 posts)If these fers think that theyre going to intimidate us and threaten and bully me into silence
they have another thing coming, one Democrat said.
Dems enraged after Trumpâs DOJ targeted veterans with charges of seditious conspiracy - MS NOW
— (@oc88.bsky.social) 2026-02-11T16:55:16.817Z
apple.news/AwXl5tcTUQx2...
https://www.ms.now/rachel-maddow-show/maddowblog/dems-enraged-after-trumps-doj-targeted-veterans-with-charges-of-seditious-conspiracy
If it seems as if the phrase has been coming up more frequently in recent months, its not your imagination. Donald Trumps Justice Department has run into no bill setbacks repeatedly of late, in cases ranging from former FBI Director James Comey to New York Attorney General Letitia James to Sean Dunn (better known as the sandwich guy).
The latest example, however, is arguably the most dramatic: MS NOW reported that a federal grand jury in Washington, D.C., has declined to indict at least two Democratic senators Arizonas Mark Kelly and Michigans Elissa Slotkin on charges of seditious conspiracy......
Thats precisely what happened. As The New York Times summarized:
It was remarkable that the U.S. attorneys office in Washington led by Jeanine Pirro, a longtime ally of Mr. Trumps authorized prosecutors to go into a grand jury and ask for an indictment. 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. Trumps bid to label their expression of dissent as a criminal act warranting prosecution.
Thats certainly correct, though Id add that its also remarkable to note the crime that Trumps DOJ accused the Democratic lawmakers of committing: Seditious conspiracy is a serious felony charge thats rarely pursued. The idea that members of Congress crossed that line, and effectively conspired to undermine the authority of the government by reminding service members to follow the law and reject illegal orders, is insane......
Democratic Rep. Jason Crow of Colorado, a decorated Army veteran who served in both Iraq and Afghanistan, was even more candid. If these fers think that theyre going to intimidate us and threaten and bully me into silence, and theyre going to go after political opponents and get us to back down, they have another thing coming, Crow said. The tide is turning.
As for the partys leadership, House Minority Leader Hakeem Jeffries was also unreserved, declaring in a written statement: The Grand Jury upheld and honored the Constitution, doing what Donald Trump and his corrupt Republican sycophants lack the character to do. The attempt to indict Members of Congress for exercising their constitutionally-protected First Amendment rights is another shameful example of the cancerous rot that engulfs the Trump administration.
The New York Democrat concluded, Donald Trump, Jeanine Pirro and the corrupt political hacks at the Department of Justice will not silence or intimidate us. Every attempt to weaponize the criminal justice system will only strengthen our resolve as we work to end the National nightmare that extreme MAGA Republicans are inflicting on the country. They will all be held accountable for their lawlessness.
LetMyPeopleVote
(177,107 posts)The DOJ could not get even one of the 23 grand jurors to agree to indict this "ham sandwich" of a case.
No grand jurors found the Trump DOJ met low probable cause threshold in failed indictment of Democratic lawmakers
— Ryan J. Reilly âpaints a vivid and urgent portrait of⦠disarrayâ (@ryanjreilly.com) 2026-02-11T15:46:05.188Z
www.nbcnews.com/politics/tru...
https://www.nbcnews.com/politics/trump-administration/live-blog/trump-bondi-epstein-congress-netanyahu-iran-dhs-ice-poll-live-updates-rcna257992#rcrd99859
Its exceedingly rare for a federal grand jury to reject prosecutors attempts to secure an indictment, since the process is stacked in the governments favor. Federal grand juries need a minimum of 16 members to have a quorum, and they max out at 23 members. Just 12 grand jurors need to agree that the government had probable cause to indict, a threshold much lower than the unanimous beyond a reasonable doubt standard that a petit jury needs to convict.
In 2016, the Justice Department investigated more than 151,000 suspects, but grand juries returned just six no bills, per DOJ statistics. The vast majority of assistant U.S. attorneys will go their entire careers without being rejected by a grand jury like this. As NBC News previously reported, the lawyers who attempted to bring the case are political appointees, not career prosecutors.
Its unclear if the office of U.S. Attorney for the District of Columbia Jeanine Pirro will push forward and try to indict the Democratic members again.
LetMyPeopleVote
(177,107 posts)The decision to not approve charges against Democratic lawmakers was remarkable in its own right but is only the latest grand jury rejection in Trumps second term.
Link to tweet
https://www.ms.now/deadline-white-house/deadline-legal-blog/grand-jury-rejection-trump-doj-kelly-slotkin-dunn-lemon
So, while the rejection of charges against Democratic lawmakers on Tuesday was remarkable in its own right, it was only the latest data point in a stunning pattern that has emerged over the past year.
The Trump DOJs failure to secure an indictment in Washington against Sen. Elissa Slotkin, D-Mich.; Sen. Mark Kelly, D-Ariz.; and others follows its failure to convince grand jurors in Virginia to revive charges against another Democrat, New York Attorney General Letitia James. Slotkin, Kelly and other Democratic lawmakers had released a video urging soldiers not to follow illegal orders, after which the Republican president accused them in a social media post of SEDITIOUS BEHAVIOR, punishable by DEATH!
Through their refusal to indict, the grand jurors in D.C. effectively said the senators actions shouldnt be punishable at all.
Just as importantly, the grand jury rebuffs havent only come to the aid of prominent figures. Grand jurors also have stood up for everyday people whom the Trump DOJ has sought to charge with assaults on law enforcement officers carrying out his federal occupation in Washington, Chicago and Los Angeles. Think sandwich thrower Sean Dunn or Sidney Reid, whom grand jurors refused to indict a whopping three times. In both Dunns case and Reids, prosecutors plowed forward to trial on misdemeanor charges which didnt require grand jury approval and the D.C. trial juries returned not guilty verdicts....
Against that backdrop, its unremarkable that federal prosecutors could get an indictment against Lemon or anyone else they set their sights on. Grand jury presentations are typically the start of a case, not the end. Therefore, securing an indictment in a given case doesnt say a whole lot about the cases prospects, with trial juries still standing in the way of any prosecution that makes it that far, where the government needs to prove its case to everyday citizens beyond a reasonable doubt.
LetMyPeopleVote
(177,107 posts)Senate Minority Leader Chuck Schumer described this weeks circumstances as a constitutional crisis. Theres every reason to believe he was right.
The DOJ tried to charge sitting members of Congress, whoâd done nothing, with felonies that wouldâve sent them to prison for decades.
— Steve Benen (@stevebenen.com) 2026-02-12T16:53:14.847Z
Despite the gambit's failure, Schumer characterized the effort itself as âa constitutional crisis.â I donât think thatâs hyperbolic. www.ms.now/rachel-maddo...
https://www.ms.now/rachel-maddow-show/maddowblog/democrats-want-to-turn-the-tables-on-pirro-following-failed-indictment-effort
On the contrary, some of the targets of this ridiculous gambit appear eager to turn the tables on those who went after them. Politico reported:
Rep. Jason Crow (D-Colo.) on Wednesday demanded U.S. Attorney for the District of Columbia Jeanine Pirro preserve all evidence related to her unsuccessful effort to bring charges against him and five other Democratic lawmakers. [ ]
In a letter sent Wednesday to Pirros office, Abbe Lowell, Crows attorney, called the effort to indict Crow and the other Democrats involved in the video a breathtaking and unprecedented level of prosecutorial overreach and misuse of power.
A week earlier, after Sen. Elissa Slotkin told the Justice Department that she wouldnt cooperate with its baseless investigation, the Michigan Democrats lawyers also requested that Pirro preserve all documents related to the matter for anticipated litigation.
Time will tell what, if anything, comes of this, but its also worth pausing to appreciate the larger context. After the grand jury dismissed the case as nonsensical, it was easy to mock Pirro and her assigned prosecutors over their humiliating failure, but lets not miss the forest for the trees: Federal prosecutors wanted to bring serious felony charges against sitting members of Congress whod done nothing wrong. If successful, the charges would have sent lawmakers to prison for many years.
Thats more than just bonkers. Its also a dangerous step down an authoritarian path.
.....I say to my Republican colleagues, if the executive branch can merely attempt to prosecute members of the legislative branch for simply exercising free speech, that is not a Democratic problem or a Republican problem, it is a constitutional crisis, Senate Minority Leader Chuck Schumer said Wednesday.
