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Washington — An attorney for one of the lawmakers who appeared in a video telling members of the military to reject “illegal orders” demanded that the top federal prosecutor in Washington preserve records for a potential lawsuit if her office takes any further action related to the video.
Abbe Lowell, an attorney for Democratic Rep. Jason Crow of Colorado, wrote in a letter to U.S. Attorney Jeanine Pirro that he was putting her and her office “on notice of the legal ramification” if they continue to pursue charges. A grand jury declined to sign off on an indictment against Crow and five other lawmakers on Tuesday, multiple sources told CBS News.
“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.”
Lowell cited principles of federal prosecution requiring probable cause that a person has committed a federal offense to request or conduct further investigation, writing that “any further effort to pursue these baseless allegations would be actionable.” He said Pirro and her staff are “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.”
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Crow was one of six Democratic lawmakers who released a video in November urging service members and members of the intelligence community to defy illegal orders, citing threats to the Constitution. The lawmakers, who are all veterans or former national security officials, also 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 at a news conference alongside Kelly on Wednesday that “we need to stay on offense,” and that the two senators have “kept all of our legal options open as we go forward.” Slotkin said she sent a letter to Pirro and Attorney General Pam Bondi last week demanding they retain records. She said she sent another inquiry earlier Wednesday to confirm that “this is over” and another attempt at prosecution won’t be pursued. Sen. Dick Durbin, the top Democrat on the Senate Judiciary Committee, also sent a letter requesting documents be preserved this week.
Two sources who were briefed on the failed indictment told CBS News that the Justice Department sought to charge the lawmakers under a criminal statute that threatens a 10-year prison sentence for anybody who “advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military.” It requires intent to “interfere with, impair, or influence the loyalty, morale, or discipline of the military.”
Lowell wrote in his letter 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, and are evidence of yet another abuse of power directed at those who dare speak out and criticize this Administration.”
“Congressman Crow went to war three times for this country as a paratrooper and Army Ranger — he will not be intimidated or silenced,” the letter concluded. “Congressman Crow has dedicated his life to defending our democracy and the nation he loves, and nothing will stop that.”
