
Serious Trouble Hell No Bill
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Feb 13, 2026 They unpack a D.C. grand jury declining to indict six Democrats over a provocative video. Legal history and free speech tests get a clear, lively breakdown. A high-profile lawyer switch and a $10 billion lawsuit over leaked tax returns spark debate. Prosecutorial moves and odd warrant stories round out the most striking topics.
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Grand Jury Rejects Smith Act Effort
- A D.C. grand jury returned a unanimous "no bill" against attempts to indict six Democratic members of Congress.
- The grand jury's complete rejection signals the legal and political implausibility of the Smith Act theory used against them.
Smith Act Narrowed By First Amendment Law
- The Smith Act is a narrow, Cold War-era statute that criminalized urging military disloyalty and certain communist activities.
- Modern First Amendment law (e.g., Yates, Brandenburg) makes such prosecutions highly unlikely absent imminent lawless action.
Brandenburg Makes These Charges Implausible
- Brandenburg requires intent and likelihood of imminent lawless action, which usually pertains to violence but can apply more broadly.
- Urging soldiers to refuse illegal orders typically advocates following the law, not imminent lawlessness, making prosecution implausible.
