Democratic Senators Decry Attempted Indictment, Warn It 'Could Break This Institution'

Lawmakers say failed prosecution raises First Amendment concerns and threatens the Senate's integrity.

Published on Feb. 12, 2026

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Democratic senators delivered impassioned speeches on the Senate floor denouncing the Justice Department's attempt to indict a group of lawmakers who last year urged U.S. military members to resist 'illegal orders.' The senators framed the episode as a dire test for the Senate and the rule of law, warning that the failed prosecution raises stark First Amendment concerns and threatens the institution's integrity.

Why it matters

The attempted indictment of sitting members of Congress for their speech has raised alarms among Democrats about the potential erosion of free speech protections and the politicization of the Justice Department. The episode is seen as a broader threat to the independence and functioning of the Senate.

The details

The Justice Department had sought to indict six Democratic lawmakers, including Sens. Elissa Slotkin and Mark Kelly, over a 90-second video that drew fierce backlash from former President Donald Trump. The video urged U.S. military members to resist 'illegal orders.' However, a Washington grand jury declined to indict the lawmakers. Democrats blasted the Trump administration's actions, with Sen. Chris Murphy warning that the episode 'could break this institution permanently.' The senators said the failed indictments mark a high-profile setback for the Justice Department, which has faced mounting scrutiny from Democrats and some Republicans over investigations seen as aligned with Trump's political grievances.

  • On Wednesday, Democratic senators delivered impassioned speeches denouncing the Justice Department's attempt to indict the lawmakers.
  • A day earlier, a Washington grand jury declined to indict the six Democratic lawmakers over the video.

The players

Brian Schatz

A Democratic senator from Hawaii who was among the senators speaking out against the attempted indictment.

Elissa Slotkin

A Democratic senator who was one of the lawmakers targeted for indictment, but praised the grand jury's decision not to proceed with charges.

Mark Kelly

A Democratic senator who was also one of the lawmakers targeted for indictment, and called the attempted prosecution 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.'

Chris Murphy

A Democratic senator who called the episode a 'test for the Senate' that 'could break this institution permanently.'

Chuck Schumer

The Senate Democratic leader, who framed the attempted indictment as a broader free speech threat, saying that 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.'

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What they’re saying

“The fact that they failed to incarcerate a United States senator should not obviate our outrage. They tried to incarcerate two of us.”

— Brian Schatz, Democratic Senator from Hawaii

“This is not a good news story. 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.”

— Mark Kelly, Democratic Senator

“If things had gone a different way, we'd be preparing for arrest.”

— Elissa Slotkin, Democratic Senator

“This is a test for the Senate that could break this institution permanently.”

— Chris Murphy, Democratic Senator

“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.”

— Chuck Schumer, Senate Democratic Leader

What’s next

The senators have sent a letter to the Justice Department asking to confirm that the investigation is now closed.

The takeaway

The failed attempt to indict Democratic senators over their speech has raised serious concerns about the potential erosion of free speech protections and the politicization of the Justice Department. The episode is seen as a threat to the independence and integrity of the Senate, with lawmakers warning that it 'could break this institution permanently' if not addressed.