The Justice Department has reportedly failed in its attempt to secure a grand jury indictment against six Democratic lawmakers over a controversial video from November. The case, which centred on a clip featuring lawmakers urging military members to disregard illegal orders from the Trump administration, collapsed this week when a Washington, D.C. grand jury declined to bring charges.
Inexperienced Prosecutors Lead High-Profile Case
According to reports from Bloomberg Law, the U.S. Attorney's Office for Washington, D.C., led by former Fox News host and prosecutor Jeanine Pirro, assigned two attorneys with scant federal prosecution experience to spearhead the potential indictment. Steven Vandervelden and Carlton Davis were reportedly tapped to lead the effort, despite their limited backgrounds in federal cases.
Steven Vandervelden possesses no prior Department of Justice experience, though he previously worked alongside Pirro as a local prosecutor in Westchester County, New York. Intriguingly, Bloomberg Law noted that Vandervelden maintained an active photography studio even as the prosecution unfolded. Carlton Davis briefly served as an assistant U.S. attorney in Virginia and held a position working for House Oversight Committee chairman Representative James Comer.
Office Defends Appointments Amid Criticism
In a statement to Bloomberg, Pirro's office vigorously defended both officials. "Steven Vandervelden is one of the best prosecutors and best investigators that I have worked with in well over three decades in the criminal justice system," the statement asserted. It further added that Davis has been an "investigator at the highest levels of our government."
Nevertheless, the case against the Democratic lawmakers was already considered unusual before the alleged grand jury process commenced. Following the video's release, which featured lawmakers with intelligence and military backgrounds, Defense Secretary Pete Hegseth pushed to potentially court-martial Senator Mark Kelly and reduce his retirement rank and pay.
Senator Kelly Condemns 'Abuse of Power'
Senator Mark Kelly, a former NASA astronaut and naval officer, responded forcefully to the reports on Tuesday, labelling the grand jury process an "outrageous abuse of power." He stated, "It wasn't enough for Defense Secretary Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime—all because of something I said that they didn't like. That's not the way things work in America."
Failures to secure federal grand jury indictments in high-profile cases are rare, as are such cases being led by relative outsiders rather than career line prosecutors. This incident highlights broader patterns within the Trump administration's judicial efforts.
Broader Context of DOJ Turmoil and Failures
The Trump administration has been characterised by significant courtroom failures and chaos within the ranks of top federal prosecutors. Since President Trump took office, more than 5,000 Department of Justice officials have reportedly quit, accepted buyouts, or been fired, according to monitoring groups. Pirro's office alone lost at least 90 prosecutors, as reported by the Washington Post.
In recent weeks, scores of prosecutors have departed from a U.S. Attorney's Office in Minnesota, partly due to frustration over the administration's decision not to launch a civil rights investigation into an ICE agent fatally shooting Minneapolis protester Renee Good. The administration has also struggled to secure charges in other high-profile cases.
Last year, in the case of a protester who threw a sandwich at a federal officer, Pirro's office failed to secure a grand jury indictment and could not convict on a misdemeanor assault charge. Additionally, in January, Lindsey Halligan, Trump's former personal lawyer, stepped down as a top federal prosecutor in Virginia after a court ruled she was unlawfully remaining in the role following an interim appointment.
Halligan, installed after her predecessor resisted pressure to bring indictments against officials like former FBI director James Comey and New York Attorney General Letitia James, was ultimately unable to advance cases against these officials. Both efforts were stymied in court last year due to issues with Halligan's appointment, and in December, a grand jury reportedly declined to issue a new indictment against James.
That same month, Trump's former personal attorney Alina Habba announced she would step down as U.S. Attorney for New Jersey after judges found she was unlawfully serving in the role. These events collectively illustrate a pattern of legal setbacks and internal disarray within the Department of Justice under the current administration.
