Democratic Senators Decry Indictment Attempt, Warning It 'Could Break This Institution'

Lawmakers say Justice Department's failed attempt to indict them over video urging military resistance raises First Amendment concerns

Published on Feb. 12, 2026

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A group of Democratic senators delivered impassioned speeches on the Senate floor denouncing the Justice Department's failed attempt to indict them over a video they released last year urging 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 it 'could break this institution permanently' if Republicans do not stand up against the administration's actions.

Why it matters

The failed indictments have raised stark First Amendment questions about the potential prosecution of sitting members of Congress for their speech, with Democrats warning that the Trump administration's actions represent a broader threat to free speech rights. The episode has also fueled concerns about the Justice Department's alignment with the president's political grievances.

The details

A Washington grand jury declined to indict six Democratic lawmakers, including Sens. Elissa Slotkin and Mark Kelly, over a 90-second video they released last year that drew fierce backlash from President Donald Trump. The video urged U.S. military members to resist 'illegal orders'. While Democrats blasted the Trump administration's actions, they also challenged their Republican colleagues to speak out, with Sen. Chris Murphy calling it a 'test for the Senate' that 'could break this institution permanently'.

  • 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

Sen. Brian Schatz

A Democratic senator from Hawaii who was among the lawmakers who spoke out against the Justice Department's attempt to indict the group.

Sen. Elissa Slotkin

A Democratic senator who was one of the six lawmakers targeted by the Justice Department's failed indictment attempt.

Sen. Mark Kelly

A Democratic senator who was one of the six lawmakers targeted by the Justice Department's failed indictment attempt.

Sen. Chris Murphy

A Democratic senator who called the Justice Department's actions a 'test for the Senate' that 'could break this institution permanently'.

Sen. 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.”

— Sen. Brian Schatz (military.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.”

— Sen. Mark Kelly (military.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.”

— Sen. Chuck Schumer, Senate Democratic Leader (military.com)

What’s next

The senators sent a letter on Wednesday asking the Justice Department to confirm the investigation is now closed, they said.

The takeaway

This episode has raised serious concerns about the potential prosecution of lawmakers for their speech, with Democrats warning that the Trump administration's actions represent a broader threat to free speech rights and the rule of law. The failure of the indictment attempt is seen as a setback for the Justice Department, which has faced growing scrutiny over investigations aligned with the president's political interests.