WATCH LIVE: Slotkin and Kelly speak out after grand jury declines to indict them over ‘unlawful orders’ video

WASHINGTON (AP) — A grand jury in Washington on Tuesday declined to indict Democratic lawmakers in connection with a video in which they urged U.S. military members to resist “unlawful orders,” according to a person familiar with the matter.

Senators Mark Kelly and Elissa Slotkin are expected to hold a press conference at 12 noon EST. Watch the live stream in our video player above.

The Justice Department has opened an investigation into the video in which Democratic Senators Mark Kelly and Elissa Slotkin and four other Democratic lawmakers urge US military service members to follow established military protocols and reject orders they believe are illegal. All of the lawmakers had previously served in the military or intelligence agencies.

Read more: Senator Kelly is suing the Pentagon over the Trump administration’s attempts to punish him

Grand jurors in Washington refused to sign on to the charges, the latest in a series of rebukes of prosecutors by citizens in the nation’s capital, according to the person who spoke on condition of anonymity because he was not authorized to discuss the matter publicly. It was not immediately clear whether prosecutors had requested indictments against all six lawmakers or what charge or charges the prosecution was trying to bring.

A grand jury rejection is highly unusual, but it has happened repeatedly in recent months in Washington, where citizens who heard the government’s evidence have come away disappointed in a number of cases. It is possible that prosecutors will try again to obtain an indictment.

Spokesmen for the US Attorney’s Office and the Justice Department did not immediately respond to requests for comment on Tuesday.

The FBI in November began contacting lawmakers to schedule interviews, an outreach that came against the backdrop of broader Justice Department efforts to punish the president’s political opponents. President Donald Trump and his aides called the lawmakers’ video “seditious” — and Trump said on his social media account that the crime was “punishable by death.”

Besides Slotkin and Kelly, other Democrats who appeared in the video are Reps. Jason Crow of Colorado, Chrissy Holahan of Pennsylvania, Maggie Goodlander of New Hampshire, and Chris DiLuzio of Pennsylvania.

Slotkin, a former CIA analyst who represents Michigan, said late Tuesday that she hoped this would put an end to the Justice Department’s investigation.

He watches: “I will not be silenced.” Senator Kelly condemns “bullying” by Trump and Hegseth

“Tonight we can score one goal for the Constitution, freedom of expression and the rule of law,” Slotkin said in a statement. “But today was not just an embarrassing day for the administration,” she said. “It was another sad day for our country.”

Kelly, a former Navy pilot who represents Arizona, called the attempted charges an “obscene abuse of power by Donald Trump and his followers.”

“Donald Trump wants every American to be too afraid to speak out against him. The most patriotic thing any of us can do is not back down,” Kelly said in a post on X.

In November, the Pentagon opened an investigation into Kelly’s case, citing a federal law that allows retired service members to be recalled to active duty on orders from the Secretary of Defense for possible court-martial or other sanctions. Defense Minister Pete Hegseth has criticized Kelly for his participation in the video and is trying to retroactively demote Kelly from the rank of retired captain.

Senator Hegseth is suing to block those measures, calling them an unconstitutional act of retaliation. During a hearing last week, the judge appeared skeptical of the main arguments presented by the government’s attorney in defense of Hegseth’s Jan. 5 criticism of Kelly.