Trump ally drops effort to prosecute Democrats over 'seditious' video, sources say

The six Democrats who participated in a video calling on military members to refuse illegal orders will likely no longer face the possibility of prosecution, according to sources who spoke to numerous news outlets.

President Donald Trump excoriated the Democrats and accused them of committing "sedition" over the video they posted in Nov. 2025.

'It was sedition at the highest level, and sedition is a major crime.'

U.S. Attorney Jeanine Pirro, a longtime Trump ally, decided against seeking the indictments, according to the sources, after a Washington, D.C., grand jury refused to indict the Democrats earlier this month. Whether federal prosecutors will attempt to indict in another district is unclear though unlikely.

"The traitors that told the military to disobey my orders should be in jail right now, not roaming the fake news networks trying to explain what they said was OK," Trump wrote after Democrats released the video.

"It was sedition at the highest level, and sedition is a major crime. There can be no other interpretation of what they said!" he added.

CBS News reported that Pirro's spokesperson declined to comment.

Sec. of War Pete Hegseth threatened one of the Democrats involved, Sen. Mark Kelly of Arizona, with a court martial and suspension of his military retirement benefits. That effort was also blocked by a federal judge, who said such official consequences violated Kelly's constitutional right to free speech.

"This will be immediately appealed. Sedition is sedition, 'Captain,'" Hegseth wrote in response on social media.

RELATED: Pentagon says court-martial possible for Sen. Mark Kelly after Trump calls him a 'traitor' for 'seditious' video

The Democrats have denied allegations that they were encouraging disobedience and argued that they were merely reiterating military rules allowing troops to deny orders they believe to be illegal.

"President Trump continues to weaponize our justice system against his perceived enemies," Sen. Elissa Slotkin (D-Mich.) previously said about the investigation into the video.

"It's the kind of thing you see in a foreign country, not in the United States we know and love," she added. "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."

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