Democratic senators decry indictment attempt, warning it ‘could break this institution’

Senate Democrats Condemn Failed Attempt to Indict Lawmakers Over Military Advice

In a series of impassioned speeches on the Senate floor Wednesday, Democratic senators denounced the Justice Department’s unsuccessful attempt to indict six Democratic lawmakers who had advised U.S. military members about resisting “illegal orders” last year.

The grand jury’s decision not to indict has intensified concerns about politicization of the Justice Department under the Trump administration, with several senators framing the episode as a critical test for the chamber and America’s rule of law.

“The fact that they failed to incarcerate a United States senator should not obviate our outrage. They tried to incarcerate two of us,” said Sen. Brian Schatz (D-Hawaii). “I am not entirely sure the United States Senate can survive this if we do not have Republicans standing up.”

Senators Elissa Slotkin and Mark Kelly were among the six Democratic lawmakers who faced potential indictment over a 90-second video that drew fierce criticism from President Donald Trump. The video reportedly advised military members about their legal rights regarding potentially unlawful orders.

Speaking at a press conference after the grand jury’s decision, Slotkin expressed relief but highlighted the gravity of the situation. “If things had gone a different way, we’d be preparing for arrest,” she said. “A group of anonymous Americans upheld the rule of law and determined that this case should not proceed.”

Kelly characterized the episode as deeply troubling for democratic institutions. “This is not a good news story,” he said. “This is a story about how Donald Trump and his cronies are trying to break our system in order to silence anyone who lawfully speaks out against them.”

Senate Democratic Leader Chuck Schumer echoed these sentiments, casting the attempted prosecution as a fundamental threat to First Amendment protections. “If Trump believes that he can even attempt to jail senators over speech he dislikes, then the First Amendment is no longer a basic right,” Schumer said.

The failed indictments represent a significant setback for the Justice Department, which has faced increasing criticism over investigations perceived as aligned with Trump’s political grievances. The case has raised profound constitutional questions about the potential prosecution of sitting members of Congress based on protected speech.

The Republican response to the issue has been notably muted, with only a few GOP senators publicly addressing the situation. Senate Majority Leader John Thune (R-S.D.) downplayed the significance, saying, “The indictment didn’t withstand the scrutiny of a grand jury. It was clear it was not going anywhere.”

However, Republican Senators Thom Tillis and Lisa Murkowski broke ranks with more forceful statements. Tillis condemned what he called “political lawfare,” while Murkowski described the administration’s actions as “a very disturbing direction” that attempted to “make criminals out of sitting lawmakers.”

The controversy stems from a video featuring six Democratic lawmakers who had all served in the military or intelligence communities. The lawmakers have maintained that the video simply affirmed existing law after receiving inquiries from military personnel concerned about potentially illegal orders.

President Trump had reacted angrily to the video, labeling it “seditious” and suggesting on social media that such an offense was “punishable by death.”

Despite the grand jury’s decision, the matter continues to spark partisan division. House Speaker Mike Johnson (R-Louisiana) told MSNow late Wednesday that the lawmakers “probably should be indicted,” claiming that “anytime you’re obstructing law enforcement and getting in the way of these sensitive operations, it’s a very serious thing, and it probably is a crime.”

Slotkin and Kelly said at their press conference that they have not been informed what charges prosecutors had sought, nor whether the Justice Department intends to continue pursuing the case. The senators have sent a letter to the Justice Department requesting confirmation that the investigation is now closed.

The episode highlights growing tensions over the politicization of law enforcement and raises significant questions about the boundaries of protected political speech, especially for elected officials during a politically divisive era.