A Washington DC grand jury declined to indict six Democratic lawmakers who were denounced by Donald Trump after they made a video urging troops to refuse illegal orders.

Federal prosecutors had sought an indictment against the Democrats who participated in the video, including Elissa Slotkin, Mark Kelly, Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan, who all have military and intelligence backgrounds.

Slotkin, a former CIA officer, organized the video in which the lawmakers said officers can resist unlawful commands. Trump was outraged by the clip, and described it “seditious behavior by traitors” that was “punishable by death”.

In response to news of the failed indictment, Kelly described it as an “outrageous abuse of power by Donald Trump and his lackies”.

“It wasn’t enough for 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,” Kelly said. “That’s not the way things work in America. Donald Trump wants every American to be too scared to speak out against him. The most patriotic thing any of us can do is not back down.”

Slotkin said in a statement on Tuesday that the video “simply quoted the law” and Jeanine Pirro, the US attorney, attempted to persuade a grand jury to indict her at the direction of Trump.

“Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed,” Slotkin said, describing it as “another sad day for our country”. “Because whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies. It’s the kind of thing you see in a foreign country, not in the United States we know and love.”

The Department of Justice had recently requested to interview Slotkin, the Michigan senator announced last month. Slotkin said she sent a letter to Bondi and Pirro informing them she would not comply with their inquiries and urged them to retain their records in the event she decides to sue.

“I’m not going to legitimize their actions,” Slotkin said. “Our constitution is crystal clear on the issue of freedom of speech – something worth fighting for. To be honest, many lawyers told me to just be quiet, keep my head down and hopefully this will all just go away.

“But that’s exactly what the Trump administration and Jeanine Pirro want. They are purposely using physical and legal intimidation to get me to shut up. But, more importantly, they’re using that intimidation to deter others from speaking out against their administration.”