Tillis rips 'political lawfare' and praises grand jury after Dems avoid charges in ‘illegal orders’ case

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A Senate Republican known for breaking with the Trump administration praised a grand jury’s decision not to indict several congressional Democrats who urged service members to refuse what they described as "illegal orders."

Sen. Thom Tillis, R-N.C., applauded a Washington, D.C., grand jury’s decision to reject an indictment against six congressional Democrats who last year called on service members to refuse what they characterized as illegal orders under the Trump administration.

"Political lawfare waged by either side undermines America's criminal justice system, which is the gold standard of the world," Tillis said in a post on X. "Thankfully in this instance, a jury saw the attempted indictments for what they really were. Political lawfare is not normal, not acceptable, and needs to stop."

GRAND JURY REJECTS DOJ EFFORT TO INDICT DEMOCRATIC LAWMAKERS WHO URGED MILITARY TO DEFY ILLEGAL ORDERS

Sen. Thom Tillis, R-N.C.

Sen. Thom Tillis, R-N.C., joined several congressional Democrats in cheering the failed indictment against a cohort of lawmakers who called on military service members to "refuse illegal orders."  (Nathan Posner/Anadolu via Getty Images)

It’s not the first time Tillis has bucked the administration. He has placed holds on future Department of Homeland Security nominees, pledged to block President Donald Trump’s pick to replace outgoing Federal Reserve Chair Jerome Powell, and has been a vocal critic of the president’s advisers, including White House Deputy Chief of Staff Stephen Miller.

Meanwhile, U.S. Attorney Jeanine Pirro, the top federal prosecutor in the nation’s capital, sought to bring criminal charges against Sens. Elissa Slotkin, D-Mich., and Mark Kelly, D-Ariz., along with Reps. Maggie Goodlander, D-N.H.; Jason Crow, D-Colo.; Chris Deluzio, D-Pa.; and Chrissy Houlahan, D-Pa.

The group of Democrats — all of whom previously served in the military or as intelligence officers — last year said service members could "refuse illegal orders" and "must refuse illegal orders," arguing that troops are not required to carry out commands they believe violate the Constitution.

DEM SENATOR SAYS SHE'S UNDER FEDERAL INVESTIGATION OVER 'UNLAWFUL ORDERS' VIDEO

U.S. Attorney Jeanine Pirro at the White House.

U.S. Attorney for the District of Columbia Jeanine Pirro speaks during a news conference on crime in the James S. Brady Press Briefing Room at the White House in Washington, D.C., on August 11. (Eric Lee/For The Washington Post via Getty Images)

Service members are obligated to follow lawful orders from their superiors, but they may refuse orders deemed illegal, according to the Uniform Code of Military Justice, the military justice system enacted in 1951.

Their video prompted Trump to accuse the group of seditious behavior "PUNISHABLE BY DEATH" in a fiery Truth Social post. 

GRAHAM DEMANDS DEMOCRATS EXPLAIN 'REFUSE ILLEGAL ORDERS' MESSAGE TO TROOPS

Mark Kelly answers questions from reporters near a courthouse entrance.

Sen. Mark Kelly, D-Ariz., speaks to members of the media outside federal court in Washington, D.C., on Tuesday, Feb. 3, 2026. (Graeme Sloan/Bloomberg via Getty Images)

After the grand jury declined to indict them, the lawmakers praised the decision.

"Donald Trump wants every American to be too scared to speak out against him," Kelly said in a statement. "The most patriotic thing any of us can do is not back down."

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Slotkin added that no matter what comes next from the administration in its pursuit of legal recourse, "tonight we can score one for the Constitution, our freedom of speech, and the rule of law."

Fox News Digital did not immediately hear back from Pirro's office for comment. 

Alex Miller is a writer for Fox News Digital covering the U.S. Senate.

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