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Michael Popak
As Pam Bondi hits the hot seat for sworn testimony before the House Judiciary Committee, she's got a lot of explaining to do because something really bad happened just before she took the stand last night. A grand jury rejected yet again the Department of Justice and its attempts to indict the political critics of Donald Trump. The D.C. grand jury completely rebuffed the attempts by the Department of Justice, U.S. attorney for D.C. jeanine Pirro to indict Senators Mark Kelly, Senators Elise Slotkin and other members of Congress, six in total, who had made a now famous battle cry video, don't give up the ship messaging to service people that they have a constitutional obligation not to follow illegal orders. It's exactly, exactly consistent with the code of military justice, with the, with the Nuremberg principles. And yet Donald Trump went crazy, said it was seditious conspiracy and that George Washington would have hanged them. And right on cue, Pete Hegseth said that they were the sedition six, the seditious six, no less. And what does the grand jury do? No. Nah. Nope, not doing it. This is a momentous sea change that I don't want you to lose sight of grand juries around the country. And I'm talking dozens and dozens and dozens of grand juries are standing up and saying collectively, nope, we are not going to allow a lawless Trump Department of Justice to indict fellow Americans or others. And this is unprecedented. I've been doing this for more than 35 years. You can count on two fingers the amount of indictments I can recall of high profile or other cases that the Department of Justice didn't obtain an indictment. Now we're talking about 30, 40, 50, and that is a good thing. That is a firewall to protect our rule of law, the federal court system, judges, juries, grand juries. They are not giving the Department of Justice the benefit of the doubt. They are not rubber stamping them. They are not blindly following them. They are because they've lost all integrity, they've lost all ethics, they've lost all credibility. This is what happens when you hollow out a once proud organization called the Department of Justice and you weaponize it and you make it political. And it's obvious to everybody who can see it. And now it's filtering down, of course, to the grand juries. I'm Michael Popak. You're on Midas Touch and on Legal af. Let's talk about what just happened on Tuesday night. We knew that they were working on this indictment because Mark Kelly, the senator from Arizona, ran to federal court, had a very good hearing last week in front of Judge Leon in the District of Columbia to stop Pete Hegseth, the Department of Defense secretary, from censuring him as a retired military Navy captain for participating in the video and had a very good hearing in front of the judge, both under the First Amendment and the subpeachant debate privilege. Mark Kelly is on oversight committees like Armed Services Committee that provides oversight to these entities. And those entities are going to censure him because he, he told the truth. We also know that they were close to getting an indictment because Elisa Slotkin, Michigan center who put the video together, she let the world know that she was called in to the Department of Justice to meet with Jeanine Pirro and she refused. Instead, her lawyers told them to not only pound sand but, but don't even go forward and they should dismiss the entire investigation. That didn't stop them, mainly because the Department of Justice is scared of their boss and I mean, Donald Trump. They'd rather lose at juries and grand juries and before judges and say, well, we tried than to go back and say no, under the principles of federal prosecution, under the Department of Justice manual, under my own oath. How ironic. Under my own oath, sworn to uphold the Constitution as an officer of the court, I will not bring this case. They won't do it. They can't do it. Let's start with a couple of videos I think you're going to find interesting. One is the actual 90 second video, don't give up the ship by six members of Congress who served in the intelligence community, you know, covert operations and or the branches of the military talking directly to their fellow service people. And then I want to play a once long lost clip of Pete Hegseth giving a lecture at a military academy 10 years ago or so, can tell it's 10 years ago by his hair color and that Elisa Slotkin and others found to show you that he agrees with the video's premise, even though he now calls them Seditious six. Let's play the original video first.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
I'm Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d', Aluzio, Congresswoman Maggie Goodlander.
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Representative Chrissy Congressman Jason Crow.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
I was a captain in the United States Navy, former CIA officer, former Navy, former paratrooper and Army Ranger, former Intelligence.
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Officer, former Air Force.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
We want to speak directly to members of the military and the intelligence community who take risks each day to keep Americans safe.
Monday.com/Weight Watchers Ad Voice
We know you are under enormous stress and pressure right now. Americans trust their military, but that trust is at risk.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
This administration is pitting our uniform military and intelligence community professionals against American citizens like us. You all swore an oath to protect.
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And defend this Constitution.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
Right now, the threats to our Constitution aren't just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders.
Monday.com/Weight Watchers Ad Voice
You can refuse illegal orders.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
You must refuse illegal orders.
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No one has to carry out orders that violate the law or our Constitution.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
We know this is hard and that it's a difficult time to be a public servant.
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But whether you're serving in the CIA, the army, or Navy, the Air Force.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
Your vigilance is critical.
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And know that we have your back because now, more than ever, the American people need you. We need you to stand up for.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
Our laws, our Constitution, and who we are as Americans. Don't give up.
Michael Popak
Don't give up. Don't give up.
Monday.com/Weight Watchers Ad Voice
Don't give up the ship.
Michael Popak
Now here's Pete Hegseth. I'm sure praying to God that we would never find this video now, but we found it. And. And here's the video of him saying the exact same thing. Can't follow illegal orders. Play the clip.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
If you're doing something that is just completely unlawful and ruthless, then there is a consequence for that. That's why the military said it won't follow unlawful orders from their commander in chief. There's a standard, there's an ethos, there's a belief that we are above what so many things that our enemies or others would do.
Monday.com/Weight Watchers Ad Voice
Our laws are clear. You can refuse illegal orders.
Michael Popak
Now, Mark Kelly, speaking right after his hearing last week about not having his first amendment speech chilled, not having his speech and debate privilege chilled, said this to the American people. Play the clip.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
Hey, folks, I just got out of federal court here in Washington, D.C. in my case against Pete Hegseth, the Secretary of Defense. First of all, I really appreciate the judge giving this very timely consideration. This is about everybody's rights as Americans, delineated in the Constitution, specifically about the First Amendment, that as Americans, we have the right to say what we want, especially when it comes to the government and doing my job as a United States Senator on the Armed Services Committee, this administration, the President didn't like what I said, and for that, I'm in federal court today. But this isn't just about me. This is about all Americans, especially retired Service members, over 2 million retired service members who this government is telling them they do not have the same free speech rights as everybody else. That's wrong. It's un American and it has to stop now.
Michael Popak
We knew that this was progressing as a criminal investigation in the D.C. office, Jeanine Pirro. And then of course, the D.C. office operates in D.C. which means you're pulling your jury and your grand jury from the community. The demographic of Washington and Washington D.C. which has been under siege by Donald Trump with the National Guard right till this minute, is paying back the Trump administration. It's obvious now, Jeanine Pirro has come out in the past and said, oh, grand juries, you know, they're liberals. I don't know why they're not indicting. Here's Jeanine Pirro complaining about why she's not getting grand juries to indict on her behalf. Play it.
Various Members of Congress (including Senator Alyssa Slotkin, Senator Mark Kelly, Representative Chris d'Aluzio, Congresswoman Maggie Goodlander)
Unprecedented pushback from grand juries and even magistrate judges who are refusing to take indictments.
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How do you explain, if I were here for a long time, I might be able to answer that question, but I've been here since May, so I mean, I have my thoughts, but I can't say for sure.
Michael Popak
Well, has it affected the way that your office prosecutes and charges these cases?
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Yeah, we charge higher.
Michael Popak
And so they went forward with this. Why? Cuz Jeanine Pirro's afraid of Donald Trump. She won't, she won't refuse him. That's why she tried to indict people that threw a salami sandwich at an ICE officer for assault. And why that failed. Elisa Slotkin and her lawyers get called in last week through the sergeant of arms in Congress to go give testimony voluntarily, as they said. Bring it. Dismiss your, dismiss your case. Between the First Amendment and speech and debate privilege, I have the right to speak and it can't be criminalized. Here's what Elisa Slotkin had to say.
Monday.com/Weight Watchers Ad Voice
Earlier today, I sent a letter to Attorney General Bondi and to the lead Department of Justice lawyer in DC, Jeanine Pirro, telling them one, I will not be complying with their inquiries and sitting down for an interview based on a 90 second video I filmed. And number two, urging them to retain their records on this case in case I decide to sue for infringement of my constitutional rights.
Michael Popak
What's going to happen next? They may try again, but they're going to fail. And grand juries and juries and judges are standing up in year two of the Trump administration the way they never had before. I mean, the grand juries for sure. And so if you get picked to be on a grand jury or a jury, you. You do your civic duty, you listen to the evidence, but if you don't find that there is probable cause for a crime, you reject it. It's getting so bad for the Trump administration, Department of justice, that when they tried to go after Letitia James, the New York Attorney general, and get her indicted three times, it failed two times in the last month or two, one grand jury not only said they're not going to return the indictment, but they're going to announce it in public that they didn't return a true bill of indictment. The Department of Justice was so embarrassed by that that they asked the judge to seal the record so that nobody would know, so you and I would know about it. And the judge says, I don't know why the grand jury wanted to go into public and announced that they had returned a no bill of indictment. No true bill of indictment. I can only speculate, but. But I'm not sealing it either. This is. This is the Department of Justice even worried about having to report back to their bosses what happened and suffering the ire of Donald Trump. If they think Donald Trump was willing to hang these six members of Congress, what are the. What do you think they're going to do to you in the Department of Justice? Time to leave. I can't believe that. I mean, I haven't seen many new hires, but I can't believe rank and file prosecutors are still inside of this Department of Justice with any shred of integrity or dignity or ethics. You know, I know in the beginning you thought, well, if I stay here, I can resist from the inside. And they'll know, forget it. You'll just. You'll just get fired, you know, and you'll do bad things. You'll be forced to do bad things in the interim. So that's my don't give up the ship message to members of my. My profession and my bar. So until my next report, you're here on Midas Touch. You're on Legal AF. Hit the subscribe buttons for YouTube for both. Come over to Legal AF substack as well. Until my next report, this is Michael. Can't get your fill of Legal af. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a D roundup that I do called Wait for it Morning af. What else? All the other contributors from Legal a for there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal a f on substack. Come over now to free subscribe.
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Date: February 11, 2026
Host: Michael Popok (with mentions & clips from Ben Meiselas, Karen Friedman Agnifilo, Senators Mark Kelly, Alyssa Slotkin, and more)
Network: MeidasTouch
This episode of Legal AF explores a significant new development: a Washington D.C. grand jury has rejected an indictment pushed by the Trump Department of Justice (DOJ) against six members of Congress. These lawmakers were targeted due to a video message encouraging members of the military and intelligence communities to refuse illegal orders, which the DOJ—under political pressure—had attempted to frame as "seditious conspiracy."
Host Michael Popok dissects why this rebuff is a "rude awakening" for the Trump administration, indicates broader pushback from grand juries nationwide, and examines the implications for the rule of law and the integrity of American institutions.
"Dozens and dozens and dozens of grand juries are standing up and saying collectively, nope, we are not going to allow a lawless Trump Department of Justice to indict fellow Americans or others." (00:53)
"Our laws are clear. You can refuse illegal orders. You must refuse illegal orders... No one has to carry out orders that violate the law or our Constitution." (06:03–06:17)
“That's why the military said it won't follow unlawful orders from their commander in chief. There's a standard, there's an ethos... we are above what so many things that our enemies or others would do.” (07:10)
“This is about everybody's rights as Americans, delineated in the Constitution... the President didn't like what I said, and for that, I'm in federal court today. But this isn't just about me. This is about all Americans... This government is telling them they do not have the same free speech rights as everybody else. That's wrong. It's un-American and it has to stop now.” (07:52–08:32)
“Unprecedented pushback from grand juries and even magistrate judges who are refusing to take indictments.” (09:24)
“Earlier today, I sent a letter... telling them one, I will not be complying with their inquiries and sitting down... number two, urging them to retain their records in case I decide to sue for infringement of my constitutional rights.” (10:25)
“If you get picked to be on a grand jury or a jury, you do your civic duty... if you don't find that there is probable cause for a crime, you reject it.” (11:25)
"I can't believe rank and file prosecutors are still inside of this Department of Justice with any shred of integrity or dignity or ethics." (12:25)
Michael Popok on Grand Juries’ Stand:
"This is a momentous sea change that I don't want you to lose sight of... This is unprecedented. I've been doing this for more than 35 years." (00:37–00:57)
Pete Hegseth's "Unlawful Orders" Clip:
“That's why the military said it won't follow unlawful orders... There's a standard, there's an ethos...” (07:10)
Sen. Mark Kelly on Free Speech:
“This isn't just about me. This is about all Americans, especially retired Service members... telling them they do not have the same free speech rights as everybody else. That's wrong. It’s un-American.” (08:18–08:32)
Jeanine Pirro on DOJ Failures:
“Unprecedented pushback from grand juries and even magistrate judges who are refusing to take indictments.” (09:24)
Alyssa Slotkin's Rebuke:
“I will not be complying... and... urging them to retain their records in case I decide to sue for infringement of my constitutional rights.” (10:25)
| Timestamp | Segment | |-----------|-------------------------------------------------------------------------| | 00:15 | Popok introduces the failed indictment and its significance | | 05:22 | “Don’t Give Up the Ship” lawmakers’ video | | 06:51 | Pete Hegseth’s contradictory past remarks about unlawful orders | | 07:26 | Sen. Mark Kelly’s reaction and defense of free speech | | 09:24 | Jeanine Pirro’s admission of “unprecedented pushback” | | 10:25 | Rep. Alyssa Slotkin’s refusal and threat of legal action | | 11:25 | Popok on juries’ role as a firewall for the rule of law | | 12:25 | Popok’s call to lawyers on DOJ integrity |
This episode illustrates a pivotal judicial moment: grand juries—acting as guardians of constitutional norms—are increasingly rejecting the Trump administration DOJ’s attempts to use the law as a political weapon. Through detailed analysis, first-hand statements, and hard-hitting scrutiny, Legal AF frames these events as both a bulwark against authoritarianism and a clarion call to legal professionals and citizens alike: defending the rule of law is not just a principle, but a civic duty.