WASHINGTON — Democratic members of Congress said Wednesday the Trump administration was using the “authoritarian playbook” when it tried to secure a grand jury indictment against them for releasing a video that reminded members of the military and intelligence communities they can refuse illegal orders. 

Arizona Sen. Mark Kelly and Michigan Sen. Elissa Slotkin said during a joint press conference they don’t expect this will be the last time administration officials seek to punish them for the video. They also expressed frustration and dismay that more Republicans haven’t spoken out.

“This isn’t the judicial system at work,” Kelly said. “It’s not supposed to be a president deciding right out of the gate here that members of the United States Senate should be hanged, calling for our execution. And then, I guess when he realized that was not a good idea, or somebody told him that that’s ridiculous. Then he went with prosecution for something that is in the First Amendment.”

Slotkin, a former CIA officer, said the unsuccessful attempt to convince a District of Columbia federal grand jury to indict her and the other five lawmakers in the video is not something she expected to happen in America.

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

The Department of Justice and the office of United States Attorney for the District of Columbia Jeanine Pirro did not immediately respond to a request for comment. 

No Word From Justice Department

Slotkin said she and the other Democrats learned about the attempt to indict them from news articles. The Justice Department didn’t reach out to say what they were trying to charge the lawmakers with or what law they allege they may have violated. 

Kelly noted during the press conference that he is waiting to learn if a federal judge will issue a preliminary injunction, blocking the Defense Department from downgrading his retirement rank and pay as a Navy captain for appearing in the video. 

Kelly, Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander, all Democrats with backgrounds in the military or national security, posted the video on Nov. 18.

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

Trump Reaction, Dod Investigation

President Donald Trump reacted on social media a few days later, falsely claiming the video represented “SEDITIOUS BEHAVIOR, punishable by DEATH!”

The Defense Department opened its investigation into Kelly later that month and Secretary Pete Hegseth announced in January that officials had started the process to downgrade Kelly’s retirement rank and pay. 

Kelly filed a lawsuit shortly afterward, asking a federal court to block the Defense Department from moving forward and alleging its actions violated his constitutional rights, including the First Amendment. 

This story was published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. Read the original article: https://nebraskaexaminer.com/2026/02/11/repub/kelly-slotkin-decry-trump-attempt-to-indict-dems-for-illegal-orders-video/