Democratic Senators Decry Failed Indictment Attempt

Lawmakers warn case 'could break this institution' if Republicans don't speak out

Published on Feb. 12, 2026

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Democratic senators delivered impassioned speeches on the Senate floor denouncing the Justice Department's failed 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, calling on their Republican colleagues to speak out against what they see as a threat to free speech.

Why it matters

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. The episode has raised stark First Amendment questions about the potential prosecution of sitting members of Congress for their speech.

The details

A Washington grand jury declined 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 senators had urged U.S. military members to resist 'illegal orders', which the Trump administration viewed as seditious. Democrats blasted the attempt as a threat to free speech, while Republicans were more muted in their response.

  • On Wednesday, Democratic senators delivered speeches denouncing the failed indictment attempt.
  • A day earlier, the Washington grand jury declined to indict the six Democratic lawmakers.

The players

Brian Schatz

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

Elissa Slotkin

A Democratic senator from Michigan who was one of the six lawmakers targeted in the failed indictment attempt.

Mark Kelly

A Democratic senator from Arizona who was one of the six lawmakers targeted in the failed indictment attempt.

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 attempt as a broader free speech threat.

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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. I am not entirely sure the United States Senate can survive this if we do not have Republicans standing up.”

— Brian Schatz, Democratic Senator from Hawaii (wbal.com)

“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 from Arizona (wbal.com)

“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 (wbal.com)

What’s next

The senators have asked the Justice Department to confirm that the investigation is now closed.

The takeaway

This failed indictment attempt has raised serious concerns about the potential prosecution of sitting members of Congress for their speech, and highlights the growing partisan tensions and threats to democratic norms in the United States.