Lawyer for lawmaker in video to troops threatens suit after failed charges

Washington — An lawyer for 1 of the lawmakers who appeared successful a video telling members of the subject to cull "illegal orders" demanded that the apical national authoritative successful Washington sphere records for a imaginable suit if her bureau takes immoderate further enactment related to the video.

Abbe Lowell, an lawyer for Democratic Rep. Jason Crow of Colorado, wrote successful a missive to U.S. Attorney Jeanine Pirro that helium was putting her and her bureau "on announcement of the ineligible ramification" if they proceed to prosecute charges. A expansive assemblage declined to motion off connected an indictment against Crow and 5 different lawmakers connected Tuesday, aggregate sources told CBS News.

"The reports that your Office tried, and failed, to unafraid an indictment against Congressman Crow represents a breathtaking and unprecedented level of prosecutorial overreach and misuse of power," Lowell wrote. "Equally disturbing is the Justice Department's signifier of ignoring galore decisions of judges and juries who person rejected attempts to record baseless charges."

Lowell cited principles of national prosecution requiring probable origin that a idiosyncratic has committed a national discourtesy to petition oregon behaviour further investigation, penning that "any further effort to prosecute these baseless allegations would beryllium actionable." He said Pirro and her unit are "hereby obligated to sphere immoderate and each information, communications, documents, and electronically stored accusation … that whitethorn beryllium applicable to the claims and defenses successful this matter."

Rep. Jason Crow speaks to the media connected Capitol Hill connected Dec. 16, 2025, successful Washington, D.C.  Heather Diehl / Getty Images

Crow was 1 of six Democratic lawmakers who released a video successful November urging work members and members of the quality assemblage to defy amerciable orders, citing threats to the Constitution. The lawmakers, who are each veterans oregon erstwhile nationalist information officials, besides included Sens. Mark Kelly of Arizona and Elissa Slotkin of Michigan, and Reps. Chris Deluzio and Chrissy Houlahan of Pennsylvania and Maggie Goodlander of New Hampshire.

Slotkin said astatine a quality league alongside Kelly connected Wednesday that "we request to enactment connected offense," and that the 2 senators person "kept each of our ineligible options unfastened arsenic we spell forward." Slotkin said she sent a missive to Pirro and Attorney General Pam Bondi past week demanding they clasp records. She said she sent different enquiry earlier Wednesday to corroborate that "this is over" and different effort astatine prosecution won't beryllium pursued. Sen. Dick Durbin, the apical Democrat connected the Senate Judiciary Committee, besides sent a letter requesting documents beryllium preserved this week.

Two sources who were briefed connected the failed indictment told CBS News that the Justice Department sought to complaint the lawmakers nether a transgression statute that threatens a 10-year situation condemnation for anybody who "advises, counsels, urges, oregon successful immoderate mode causes oregon attempts to origin insubordination, disloyalty, mutiny, oregon refusal of work by immoderate subordinate of the military." It requires intent to "interfere with, impair, oregon power the loyalty, morale, oregon subject of the military."

Lowell wrote successful his missive that the "baseless and absurd allegations by Donald Trump, followed by your carrying retired of the President's governmental retribution run has already gone excessively far, and are grounds of yet different maltreatment of powerfulness directed astatine those who situation talk retired and knock this Administration."

"Congressman Crow went to warfare 3 times for this state arsenic a paratrooper and Army Ranger — helium volition not beryllium intimidated oregon silenced," the missive concluded. "Congressman Crow has dedicated his beingness to defending our ideology and the federation helium loves, and thing volition halt that."