WASHINGTON (AP) — Democrats took to the Senate floor Wednesday to condemn the Justice Department’s efforts last year to urge members of the U.S. military to resist “unlawful orders” as a serious test for their chamber and the rule of law.
“The fact that they failed to imprison one United States senator should not take away our outrage. They tried to imprison two of us,” said Sen. Brian Schatz, D-Hawaii. “I’m not entirely sure that the United States Senate would survive this if we didn’t have Republicans standing up.”
Schatz was among a string of Democratic senators who spoke out a day after they declined to indict six Democratic lawmakers, including Sens. Alyssa Slotkin and Mark Kelly, prompting a strong response from President Donald Trump.
Democrats criticized the Trump administration, challenging their Republican colleagues to speak out. Sen. Chris Murphy called it a “test for the Senate” that could “break this institution permanently.”
Earlier Wednesday, Slotkin and Kelly praised the grand jury’s decision, with Slotkin saying that “if things had gone a different way, we’re preparing for an arrest.”
“A group of anonymous Americans supported the rule of law and were determined that this case should not go forward,” she said.
The failed indictments mark a high-profile setback for the Justice Department, which has faced growing scrutiny from Democrats and some Republicans over its probe into Trump’s political grievances. The episode has raised First Amendment questions about the possible prosecution of sitting members of Congress for their speech.
“It’s not a good news story,” Kelly said. “This is a story about how Donald Trump and his cronies are trying to subvert our system by legally trying to silence anyone who speaks out against them.”
Senate Democratic leader Chuck Schumer similarly framed the effort as a threat to broader free speech, saying that if Trump “believes he can try to jail senators for speech he doesn’t like, the First Amendment is no longer a fundamental right.”
Senate Majority Leader John Thune, RS.D., responded to the Justice Department’s response “I wouldn’t have responded to that, but we are where we are.”
“The indictment didn’t withstand the scrutiny of a grand jury. It was clear it wasn’t going anywhere,” Thune said.
Kelly and Slotkin said at a joint news conference that they had not been told what charges prosecutors were seeking, and it was unclear whether prosecutors planned to proceed with the case. The senators sent a letter Wednesday asking the Justice Department to confirm that the investigation is now closed, they said.
Two senators and four House members have been caught up in the fallout from the video for months. Trump labeled their video “treasonous” and said on social media that the crime was “punishable by death.”
All six Democratic lawmakers featured in the 90-second video served in the military or intelligence community. They said the purpose of the video was only to confirm the existing law after receiving outreach from members of the army.
On the other side of the Capitol, House Speaker Mike Johnson, Republican of Louisiana, said the video warrants a criminal investigation. He told MSNow News late Wednesday that the lawmakers “should probably be indicted.”
“When you’re obstructing law enforcement and getting in the way of these sensitive operations, it’s a very serious matter, and it’s probably a crime. And, yes, they should be charged,” he said.
