Senators Kelly and Slotkin Respond After DOJ Fails to Indict Them

Grand jury rejects DOJ's attempt to charge lawmakers over 'illegal orders' video

Published on Feb. 11, 2026

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Two Democratic senators, Mark Kelly and Elissa Slotkin, are speaking out after the Department of Justice failed in its attempt to indict them and four other lawmakers over a viral video last fall reminding service members to refuse illegal orders. The DOJ claimed the lawmakers violated a law forbidding interference with military loyalty or morale, but a grand jury rejected the indictments. Kelly says he and the others were just exercising their First Amendment rights, while Slotkin is preparing for a possible lawsuit against the DOJ.

Why it matters

This case highlights the ongoing tensions between the legislative and executive branches, as well as the delicate balance between free speech rights and military discipline. The failed indictments raise questions about the limits of presidential power and the ability of lawmakers to criticize the military without facing retaliation.

The details

In the fall of 2025, six Democratic lawmakers with military and intelligence experience posted a video to social media reminding service members to refuse illegal orders. President Trump called for them to be investigated and tried for sedition, leading the DOJ to attempt to indict Senators Kelly and Slotkin, along with Representatives Crow, Goodlander, Deluzio, and Houlahan. However, a grand jury rejected the DOJ's request, finding no wrongdoing by the lawmakers.

  • In the fall of 2025, the lawmakers posted the 'illegal orders' video to social media.
  • In February 2026, the DOJ attempted to indict the six lawmakers over the video.
  • On February 12, 2026, the grand jury rejected the DOJ's attempt to secure indictments.

The players

Mark Kelly

A Democratic senator from Arizona who was one of the lawmakers featured in the 'illegal orders' video.

Elissa Slotkin

A Democratic senator from Michigan who was also one of the lawmakers featured in the 'illegal orders' video.

Mike Johnson

The Republican Speaker of the House who has supported the DOJ's efforts to indict the lawmakers.

Pam Bondi

The Attorney General who Senator Slotkin has directed to retain records related to her case.

Jeanine Pirro

A top DOJ prosecutor who Senator Slotkin has included in her potential lawsuit.

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What they’re saying

“You shouldn't be trying to send a United States senator to prison for something he said. This president is operating outside the boundaries of what he is lawfully allowed to do, and we need to have a response.”

— Mark Kelly, Senator (atlantanewsfirst.com)

“After the failure in court yesterday, can we please confirm with you that this is over?”

— Elissa Slotkin, Senator (atlantanewsfirst.com)

“Sitting down and taking it and being quiet doesn't actually make you safer. Going on offense seems to be the only way to get their attention.”

— Elissa Slotkin, Senator (atlantanewsfirst.com)

“Getting in the way of these sensitive operations is a very serious thing, and it probably is a crime and, and, uh, yeah, they probably should be indicted.”

— Mike Johnson, Speaker of the House (atlantanewsfirst.com)

What’s next

A federal judge is set to rule on Senator Kelly's separate case against the Department of Defense as soon as this week, after the Pentagon attempted to demote him and reduce his military pension over his involvement in the 'illegal orders' video.

The takeaway

This failed attempt by the DOJ to indict the lawmakers highlights the ongoing tensions between the legislative and executive branches, as well as the importance of protecting free speech rights even in sensitive military matters. The case serves as a warning that lawmakers will not back down when they believe their constitutional rights are being violated.