Feb. 10th, 2026

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Federal prosecutors in Washington sought and failed on Tuesday to secure an indictment against six Democratic lawmakers who posted a video this fall that enraged President Trump by reminding active-duty members of the military and intelligence community that they were obligated to refuse illegal orders.

It was remarkable that the U.S. attorney’s office in Washington — led by Jeanine Pirro, a longtime ally of Mr. Trump’s — authorized prosecutors to go into a grand jury and ask for an indictment of the six members of Congress, all of whom had served in the military or the nation’s spy agencies.

But it was even more remarkable that a group of ordinary citizens sitting on the grand jury in Federal District Court in Washington forcefully rejected Mr. Trump’s bid to label their expression of dissent as a criminal act warranting prosecution.

https://www.nytimes.com/2026/02/10/us/politics/trump-democrats-illegal-orders-pirro.html

It's really remarkable because the standard for a grand jury indictment is rather low:

Threshold: Probable cause (not "beyond a reasonable doubt").
Requirement: At least 12 of 16-23 members must agree.
Evidence: Based solely on evidence presented by the prosecutor.

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