February 11, 2026


Justice Department Faces Setback as Grand Jury Declines to Indict Democratic Lawmakers

Republican Senator Thom Tillis has openly criticized the Justice Department's recent attempt to indict six Democratic lawmakers, labeling the effort as "political lawfare." The criticism follows a decision by a Washington, D.C., grand jury on Tuesday not to indict the lawmakers, who had last November encouraged military servicemembers to refuse illegal orders. The lawmakers involved include Senators Mark Kelly of Arizona and Elissa Slotkin of Michigan, both from key battleground states.

In a statement on the social media platform X, Tillis expressed his concern over the misuse of the judicial system for political gains, stating, “Political lawfare waged by either side undermines America's criminal justice system, which is the gold standard of the world.” He added, “Thankfully in this instance, a jury saw the attempted indictments for what they really were. Political lawfare is not normal, not acceptable, and needs to stop.”

The case has attracted significant attention, partly due to the high-profile nature of the individuals involved and the controversial video released by the lawmakers. In the video, they stated, “Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear, you can refuse illegal orders.”

This incident marks another unsuccessful attempt by U.S. Attorney Jeanine Pirro to secure a high-profile federal indictment since her tenure began. Her office has faced several challenges in persuading grand juries to act in line with the administration's wishes. Last August, a grand jury declined to grant a felony indictment against a former DOJ employee for a minor offense, leading Pirro to express frustration over the apparent indifference of D.C. residents to legal violations.

The White House has deferred comments to the Department of Justice, which has not yet responded to inquiries regarding Tillis's remarks. The discussion around this case continues to highlight the deep political divisions and the ongoing debates over the role of justice in political processes.

Senator Tillis, who has been a vocal critic of former President Donald Trump, even opposing Trump’s major legislative efforts and calling for significant administrative changes, continues to challenge what he perceives as politicization within federal law enforcement agencies. As the political landscape remains fraught with tension, the implications of this grand jury decision are likely to resonate within both legal and political circles, underscoring the ongoing struggle between law enforcement and political accountability.