Let’s start with some good news: Donald Trump’s efforts to jail his Democratic enemies have thus far mostly been marked by ham-fisted, buffoonish failure. The targeting of people like Senator Adam Schiff, former FBI Director James Comey, New York Attorney General Letitia James, and six Democratic lawmakers who produced a video that displeased the angry, ailing despot have, for now at least, largely faltered.

Yet—after all, there’s always bad news in the Trump era—a dynamic has kicked in that is oddly helpful to him. Thanks to the knee-slapping, comic-relief-inducing nature of these failures, the authoritarian abuses underlying them risk being seen as less threatening than they actually are. That could potentially disarm us for the next round, which will surely come.

Case in point: Trump’s efforts to indict those six Democrats, who all spoke in a video posted late last year that warned military service members and officials against carrying out illegal orders. After that video was posted, Trump raged that they were “traitors” who should be “ARRESTED AND PUT ON TRIAL,” leading the FBI to reach out to the lawmakers to set up interviews.

But last week, federal prosecutors failed to secure an indictment against the lawmakers, who include Senators Mark Kelly and Elissa Slotkin and four House members. Indeed, the grand jury unanimously rejected the indictment—a major embarrassment for Trump and Jeanine Pirro, the U.S. attorney in Washington, D.C., a central player in Trump’s efforts to prosecute his enemies. As NBC News’s Ryan Reilly notes, it’s rare for grand juries not to indict, so the inability to persuade even one juror represents a remarkable implosion.

Yet details of how this indictment came together should caution us against letting Trump and Pirro’s pie-in-the-face antics distract from how grave an abuse of power this truly was—and continues to be.

Here’s what happened: After the FBI communicated with the Democratic lawmakers, prosecutors in Pirro’s office reached out to them to follow up. Slotkin’s attorney, Preet Bharara, directly asked prosecutors what statute the Democrats had allegedly violated to prompt the criminal inquiry, according to sources familiar with these discussions. The prosecutors could not name any statute, the sources told me.

“What is the theory of criminal liability?” is the question that was posed to the prosecutors, one source said, adding that “no answer was forthcoming.”

And so, when the news broke that Pirro had tried—and failed—to secure an indictment, this was particularly shocking to the lawyers, the sources said. That’s because her prosecutors had failed to name any violated statute, yet they forged ahead with the effort to indict anyway. It has not been definitively confirmed what statute they used in that failed effort.

Bharara hinted at all this in a letter to Pirro in early February. “The prosecutors we spoke to in your office, though courteous, could not articulate any theory of possible criminal liability or any statute that they were relying on or that could have been violated,” Bharara wrote.

Yet this whole process appears to have been considerably more corrupted than this letter’s lawyerly language suggests, as the sources recount.

But last week, federal prosecutors failed to secure an indictment against the lawmakers, who include Senators Mark Kelly and Elissa Slotkin and four House members. Indeed, the grand jury unanimously rejected the indictment—a major embarrassment for Trump and Jeanine Pirro, the U.S. attorney in Washington, D.C., a central player in Trump’s efforts to prosecute his enemies. As NBC News’s Ryan Reilly notes, it’s rare for grand juries not to indict, so the inability to persuade even one juror represents a remarkable implosion.