Sen. Mark Kelly’s Lawyer Urges DOJ: Avoid Second Indictment Over Video
Senator Mark Kelly’s legal team is calling on the Department of Justice (DOJ) to refrain from pursuing a second indictment against several lawmakers involved in a controversial video. The video urged military personnel to ignore “illegal orders,” a stance that has attracted significant attention following its release.
Legal Concerns Over Potential Indictment
In a letter addressed to U.S. Attorney Jeanine Pirro and Attorney General Pam Bondi, Kelly’s attorney, Paul Fishman, expressed strong opposition to further legal action. He described efforts to extend the case as a “remarkable abuse of the Department’s power.” Fishman emphasized that there has been no factual or legal justification for continuing this investigation.
The lawmakers, including Kelly, Senator Elissa Slotkin, and several representatives from various states, were initially not indicted by a grand jury on February 10. Reports indicated that the jurors found insufficient grounds to proceed with charges, leading to a failed attempt from the DOJ to indict them.
Reactions from Legal Representatives
Notably, Slotkin’s attorney also submitted a letter reinforcing the grand jury’s unanimous decision, stating, “The grand jury has spoken, loudly, clearly, and unanimously.” This sentiment was echoed by former U.S. Attorney Preet Bharara, who highlighted that pursuing further action would violate established ethical duties and DOJ policies.
Background of the Video and its Implications
The video in question was released in November and included a direct message to military members, urging them to “refuse illegal orders.” The lawmakers involved stressed the importance of accountability and highlighted their belief in the rights of service members amid political tensions.
Former President Donald Trump characterized their actions as “SEDITIOUS BEHAVIOR,” framing the issue in an aggressive political context. The specific charges that the grand jury ruled against remain unclear, but the backlash signals a strained relationship between the Trump administration and the lawmakers.
Judicial Rulings and Free Speech
Fishman noted a recent federal court ruling that obstructed the Pentagon from punishing Kelly for his participation in the video. U.S. District Judge Richard Leon ruled that the actions against Kelly posed a threat to First Amendment freedoms, reinforcing the argument against any potential criminal charges.
Fishman reiterated that since Senator Kelly’s speech is protected under the First Amendment, it should not serve as a basis for criminal prosecution. He asserted that a properly instructed grand jury would find no grounds for charges against the senator or his colleagues.
- Senator Mark Kelly’s attorney urges DOJ not to pursue a second indictment.
- The initial grand jury did not find sufficient evidence for charges.
- The video called on military members to defy illegal orders.
- Former President Trump labeled the lawmakers’ actions as seditious.
- Recent court ruling supports the First Amendment rights of Kelly and others.
