DOJ Declines Criminal Case Against Mark Kelly and Others

The U.S. Department of Justice has chosen not to pursue a criminal case against Senators Mark Kelly of Arizona and Elissa Slotkin of Michigan, along with other members of the so-called “Seditious Six.” This decision, confirmed by the office of U.S. Attorney Jeanine Pirro, follows a grand jury in Washington, D.C., declining to indict the individuals involved. The news was first reported on October 23, 2023, by NBC News, citing unnamed sources.

The investigation centered on a controversial video released in November, which featured the six lawmakers urging military personnel to disregard orders they deemed illegal. The video, titled “Don’t Give Up the Ship,” garnered over 18.4 million views, amplifying the visibility of its participants, particularly Kelly and Slotkin. In the video, Slotkin addressed military and intelligence community members, saying, “The American people need you to stand up for our laws and our Constitution. Don’t give up the ship.”

Kelly later acknowledged in an interview that he intended the video to signal that the Democratic lawmakers would determine the legality of actions once in power. He stated, “It’s a tremendous amount of burden on officers in the military. But that is their responsibility.” His comments reflected concerns about the impact of political decisions on military personnel.

Following the grand jury’s decision, there were indications that Pirro’s office would not pursue a second attempt for an indictment. NBC reported that while a federal prosecutor could choose to bring a case in another jurisdiction, “there have been no public indications that will happen.”

The six lawmakers involved in the case, aside from Kelly and Slotkin, include Representatives Maggie Goodlander of New Hampshire, Jason Crow of Colorado, Chris Deluzio, and Chrissy Houlahan of Pennsylvania.

Legal analysts noted that the outcome of the grand jury’s decision is significant, especially in light of previous comments from Secretary of War Pete Hegseth, who suggested pursuing court martial against Kelly for sedition. However, U.S. District Judge Richard Leon, appointed by former President George W. Bush, ruled that Hegseth could not proceed, citing the infringement of Kelly’s First Amendment rights.

Following the grand jury’s decision, Slotkin’s lawyer, Preet Bharara, urged Pirro to conclude the investigation. “Members of the military have a duty not to follow unlawful orders, and reminding them of that duty is no crime,” Bharara wrote in a letter to the Department of Justice. He emphasized the need to respect the grand jury’s ruling and to close the case against Slotkin.

The implications of this decision resonate politically, particularly for the Trump administration. Former President Donald Trump had described the Democrats’ video as “SEDATION AT THE HIGHEST LEVEL.” The withdrawal of the case may reflect a broader strategy by the DOJ in navigating politically sensitive investigations.

As the situation unfolds, it highlights the intersection of law, politics, and military ethics, raising questions about the responsibilities of lawmakers and military personnel in contentious political climates.