A lawyer for Rep. Jason Crow, D-Colo., warned U.S. Attorney Jeanine Pirro in a letter on Wednesday that her office could face legal consequences if it continues to pursue criminal charges over a video in which Crow and other Democrat lawmakers urged service members to reject unlawful orders, after a grand jury declined to approve an indictment.
Abbe Lowell, representing Crow, wrote that he was putting Pirro and her office "on notice of the legal ramification" if prosecutors continue pressing the case after a grand jury Tuesday declined to sign off on an indictment involving Crow and five other Democrats who appeared in the November video.
"The reports that your Office tried, and failed, to secure 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 practice of ignoring numerous decisions of judges and juries who have rejected attempts to file baseless charges," he added.
The Justice Department opened an investigation late last year into the video, which featured Sens. Mark Kelly, D-Ariz., and Elissa Slotkin, D-Mich., along with Reps. Chrissy Houlahan, D-Pa., Maggie Goodlander, D-N.H., Chris Deluzio, D-Pa., and Crow.
All previously served in the military or worked in the intelligence community, and the video urged troops and intelligence personnel to follow established protocols and refuse orders they believed to be illegal.
Two people briefed on the matter said prosecutors sought charges under a law that carries up to 10 years in prison for anyone who "advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty" in the military.
Lowell wrote that "any further effort to pursue these baseless allegations would be actionable" and said Pirro's office is "hereby obligated to preserve any and all information, communications, documents, and electronically stored information ... that may be relevant to the claims and defenses in this matter."
In his letter, Lowell accused the administration of political retaliation, writing that the "baseless and absurd allegations by Donald Trump, followed by your carrying out of the President's political retribution campaign has already gone too far."
He concluded: "Congressman Crow went to war three times for this country as a paratrooper and Army Ranger — he will not be intimidated or silenced."
Grand jury rejections are rare, but they have occurred in recent months in Washington in cases prosecutors have brought before citizens who heard the government’s evidence, according to people familiar with the matter.
Slotkin said late Tuesday she hoped the probe would end.
"Tonight we can score one for the Constitution, our freedom of speech, and the rule of law," Slotkin said in a statement. "But today wasn't just an embarrassing day for the Administration. It was another sad day for our country," she said.
Kelly called the attempted prosecution an "outrageous abuse of power by Donald Trump and his lackies."
"Donald Trump wants every American to be too scared to speak out against him," Kelly said in a social media post. "The most patriotic thing any of us can do is not back down."
Pirro, a former New York judge and prosecutor, was confirmed by the Senate in August 2025 after serving as interim U.S. attorney in Washington beginning in May 2025.
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
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