DOJ Declines to Pursue Sedition Charges Against Mark Kelly, Others

The U.S. Attorney’s Office in Washington, D.C., led by Jeanine Pirro, has announced it will not pursue criminal charges against Senators Mark Kelly of Arizona and Elissa Slotkin of Michigan, along with four other Democratic lawmakers. This decision comes shortly after a grand jury declined to indict the group, known as the “Seditious Six,” on November 3, 2023.

The Justice Department’s decision signifies a significant shift in a case that has garnered substantial media attention. According to reports from NBC News, the office would need to make a second attempt to secure an indictment, which appears unlikely given the current circumstances. While a federal prosecutor has the option to file charges in a different jurisdiction, there are no indications that such an action will be taken.

The six lawmakers were featured in a controversial video released in November, which urged military personnel to disobey potentially unlawful orders. The video, titled “Don’t Give Up the Ship,” has accumulated over 18.4 million views. In it, Senator Slotkin addressed military and intelligence community members, stating, “The American people need you to stand up for our laws and our Constitution.”

In an interview with NBC News, Kelly elaborated on the intent behind the video. He acknowledged that it was a warning regarding the interpretation of legality under a Democratic administration. “It’s a tremendous amount of burden on officers in the military. But that is their responsibility. And they can figure it out,” Kelly explained. This statement highlights the tension that has arisen regarding military orders and their legality.

The case faced additional complications when Pete Hegseth, the Secretary of War, attempted to court-martial Kelly for his remarks. However, U.S. District Judge Richard Leon, appointed by former President George W. Bush, ruled that such action would infringe on Kelly’s First Amendment rights. In his ruling, Judge Leon stated, “This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees.”

Following the grand jury’s decision not to indict, Slotkin’s lawyer, Preet Bharara, urged the Department of Justice to end the investigation. He emphasized that reminding military members of their duty not to follow unlawful orders is not a crime. Bharara’s letter underscored the need to respect the grand jury’s findings and close the case against Slotkin.

The outcome of this investigation is seen as unfavorable for the Trump administration, which has previously characterized the Democratic lawmakers’ actions as “sedition at the highest level.” The resolution of this case may have implications for the political landscape as both parties prepare for the upcoming elections, including potential presidential bids in 2028.

As the situation evolves, the decisions made by the Justice Department and the responses from the involved lawmakers will undoubtedly continue to resonate within the broader political discourse.