Sen. Mark Kelly's lawyer urges DOJ officials not to seek indictment for a second time over video

[BumRushDaShow]

Source: NBC News

Feb. 14, 2026, 5:22 PM EST


An attorney for Sen. Mark Kelly, D-Ariz., is urging U.S. Attorney Jeanine Pirro and Attorney General Pam Bondi not to pursue an indictment for a second time against a group of lawmakers who participated in a video encouraging members of the military to ignore “illegal orders,” according to a letter first obtained by NBC News.

The letter, sent Friday from Kelly’s attorney Paul Fishman to Bondi and Pirro, warns the Department of Justice against attempting to go to a second grand jury to seek an indictment against the six Democratic lawmakers who participated in the video, saying “that course of action would be a remarkable abuse of the Department’s power. There has never been any factual or legal basis for such an investigation or prosecution.”

NBC News was first to report that the Trump administration had failed to indict the lawmakers on Feb. 10, with no grand jurors finding that the Justice Department had reached the low probable cause threshold needed to indict.

The prosecutors attempted to indict Kelly and Sen. Elissa Slotkin of Michigan and Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire and Chris Deluzio and Chrissy Houlahan of Pennsylvania.

Read more: https://www.nbcnews.com/politics/congress/sen-mark-kellys-lawyer-urges-doj-officials-not-seek-indictment-second-rcna259093

[Irish_Dem]

1. The point is to keep harassing all Trump critics.

[thesquanderer]

2. Was there some reason to believe they are actually considering trying to indict a 2nd time? (n/t)

[BumRushDaShow]

3. They have tried to re-indict Tish James and James Comey

Justice Department fails twice to re-indict New York Attorney General James, AP source says



So it is a pattern and practice to expect and that will most likely continue.

[Probatim]

4. Can he sue for harassment?

John Oliver said the best way to deal with a bully is to say - fuck you. Make me.

Suing them for harassment would be interesting to watch.

[debsy]

5. 99.99% of charges presented to federal grand juries return indictments.

https://sportslawblogger.com/how-often-grand-juries-result-in-indictments.html

[Dread Pirate Roberts]

6. He's setting them up for a bad faith claim

Pirro is probably too drunk to realize she's being set up. Bad faith prosecutions don't occur very often, mostly because prosecutors usually know what they're doing and they're ususally too busy with real cases to have the resources to just screw with people-except for now. Judge Drinky McWinebox is handing them a civil case for damages on a silver platter and I don't know how much longer that pickled hag was planning on working (I mean she is in her mid-70's) but getting disbarred over serious prosecutorial misconduct would be a fitting way to end her career. I just don't think its the way any of the younger idiots working for her right now planned on ending theirs.