Another Win For The First Amendment
By When six Democratic members of Congress reminded military personnel of their obligation to refuse to obey unlawful orders, Donald Trump was furious.
“SEDITIOUS BEHAVIOR, punishable by DEATH!” Mr. Trump wrote on his social media site. He shared another person’s post that said, “HANG THEM GEORGE WASHINGTON WOULD !!”
A grand jury in Federal District Court in Washington rejected the administration’s attempt to indict the lawmakers. The grand jury said there was no lawbreaking involved (gift link).
It had been exceedingly rare for grand jurors to rebuff requests by prosecutors seeking indictments, although it has happened with increased frequency to the Justice Department under Mr. Trump, as his appointees push ahead with questionable cases.
The move to charge the lawmakers — among them, Senator Mark Kelly of Arizona and Senator Elissa Slotkin of Michigan — was, by any measure, an extraordinary attempt by prosecutors to politicize the criminal justice system even for a Justice Department that has repeatedly shattered norms of independence from the White House and followed Mr. Trump’s directives to prosecute his adversaries.
Prosecutors presenting the case sought to persuade the grand jurors that the lawmakers had violated a statute that forbids interfering with the loyalty, morale or discipline of the U.S. armed forces, according to one of the people familiar with the matter.
They sought to bring charges against Mr. Kelly, Ms. Slotkin and their four colleagues in the House: Jason Crow, a former Army Ranger; Maggie Goodlander, a former Navy reservist; Chrissy Houlahan, a former Air Force officer; and Chris Deluzio, a Navy veteran.
The Justice Department declined to comment.
For the most part, the justice system below the Supreme Court continues to work.