GOP Stays Silent After Attempted Indictment of Democratic Lawmakers

Sen. Mark Kelly calls out Republicans for not defending free speech after Trump DOJ tried to prosecute him and 5 other Democrats for warning troops against illegal orders.

Published on Feb. 11, 2026

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Sen. Mark Kelly (D-Ariz.) criticized Republicans for staying largely quiet after the Trump Justice Department sought to prosecute him and five other Democratic lawmakers who told U.S. service members not to follow illegal orders in a video last year. A federal grand jury in Washington, D.C. rejected the effort to indict the group, all former military members, but Kelly warned this was 'the master alarm flashing for our democracy' and threatened the 'very foundation of our system' of free speech.

Why it matters

The attempted indictment of the Democratic lawmakers over their speech is seen as a concerning abuse of government power to target political opponents. Republicans have previously complained about the 'weaponization of government' under the Biden administration, but have been largely silent on this case, raising questions about their commitment to defending free speech protections.

The details

In an unprecedented move, a federal prosecutor attempted to indict a group of Democratic lawmakers - including Sen. Mark Kelly (D-Ariz.), Sen. Elissa Slotkin (D-Mich.), Rep. Chrissy Houlahan (D-Penn.), Rep. Chris Deluzio (D-Penn.), Rep. Maggie Goodlander (D-N.H.) and Rep. Jason Crow (D-Colo.) - over a video they made urging U.S. troops to disobey 'illegal' orders. However, a federal grand jury in Washington, D.C. rejected the effort to prosecute the lawmakers.

  • The video urging troops to disobey illegal orders was made last year.
  • The federal prosecutor attempted to indict the lawmakers on Tuesday.

The players

Mark Kelly

A Democratic senator from Arizona and former astronaut who was one of the lawmakers targeted for prosecution.

Elissa Slotkin

A Democratic senator from Michigan and former military member who was one of the lawmakers targeted for prosecution.

Trump Justice Department

The federal agency that sought to indict the Democratic lawmakers over their speech.

Federal Grand Jury

The grand jury in Washington, D.C. that rejected the effort to prosecute the Democratic lawmakers.

Republican Lawmakers

GOP members of Congress who have largely stayed silent in the face of the attempted indictment of the Democratic lawmakers.

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What they’re saying

“This is the master alarm flashing for our democracy. It is threatening the very foundation of our system that we have a right to free speech to lawfully speak out and protest our government without fear of retaliation.”

— Mark Kelly, U.S. Senator (Huffpost)

“Where are the free speech absolutist Republicans now who were so concerned about the weaponization of government? What happened to them? Where are they?”

— Mark Kelly, U.S. Senator (Huffpost)

“Political lawfare waged by either side undermines America's criminal justice system, which is the gold standard of the world.”

— Thom Tillis, U.S. Senator (Huffpost)

What’s next

The Justice Department has not indicated whether it plans to appeal the grand jury's decision not to indict the Democratic lawmakers.

The takeaway

This case highlights the growing partisan divide over free speech protections, with Republicans largely silent as the Trump administration sought to criminalize the speech of Democratic lawmakers. It raises concerns about the potential weaponization of the justice system for political purposes, which both parties have accused the other of doing.