Sen. Elissa Slotkin, D-Mich., listens as Sen. Mark Kelly, D-Arizona, speaks about the failed grand jury indictment against her during a press conference at the U.S. Capitol on February 11, 2026 in Washington, DC (Photo by Heather Diehl/Getty Images)
WASHINGTON – Democratic members of Congress said Wednesday that the Trump administration used the “authoritarian playbook” in trying to secure a grand jury indictment against them over the release of a video that reminded members of the military and intelligence community that they can refuse illegal orders.
Arizona Sen. Mark Kelly and Michigan Sen. Elissa Slotkin said during a joint news conference they don’t expect this to be the last time government officials will try to punish them for the video. They also expressed frustration and dismay that more Republicans did not speak out.
“This is not the justice system at work,” Kelly said. “You shouldn’t have a president here who decides right from the start that members of the United States Senate should be hanged and calls for our execution. And then, I guess, when he realized that wasn’t a good idea or someone told him it was ridiculous. Then he launched a prosecution for something that’s in the First Amendment.”
Slotkin, a former CIA official, said the unsuccessful attempt to persuade a District of Columbia grand jury to indict her and the other five lawmakers in the video was not something she expected in America.
“If things had gone differently, we would be preparing to make an arrest,” Slotkin said.
The Justice Department and U.S. Attorney for the District of Columbia Jeanine Pirro did not respond to a request for comment.
No word from the Justice Department
Slotkin said she and the other Democrats learned about the attempt to impeach her from news articles. The Justice Department has not commented on what it planned to charge the lawmakers with or what law they allegedly violated.
Kelly noted during the press conference that this was the case I’m waiting to hear if I’m a federal judge will issue an injunction preventing the Defense Department from downgrading his retired rank and paying as a Navy captain to appear 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 military or national security backgrounds, posted the video on November 18th.
“No one has to follow orders that violate the law or our Constitution. We know this is tough and it is a difficult time to be a public servant,” they said. “But whether you serve in the CIA, Army, Navy or Air Force, your vigilance is critical.”
Trump response, Department of Defense investigation
President Donald Trump responded on social media a few days later, he falsely claimed that the video depicted “riotous behavior punishable by death!”
The Ministry of Defense opened his investigation He stepped in for Kelly later that month, and Minister Pete Hegseth announced in January that officials had begun the process of downgrading Kelly’s retirement rank and salary.
Kelly filed a lawsuit Shortly thereafter, he asked a federal court to block the Defense Department from proceeding, claiming its actions violated his constitutional rights, including the First Amendment.
Members of the House of Representatives speak out
The four House Democrats in the video held their own press conference that afternoon, criticizing the Trump administration for seeking a grand jury indictment and hinting at possible legal action of their own.
“My attorneys just sent a letter to the Justice Department today advising them that costs will be incurred,” Crow said. “We are not going to just sit back and let them throw false accusation after false accusation at us.”
Crow declined to answer several questions about what exactly he meant, and his office did not respond to a States Newsroom request for details.
Houlahan said Trump administration officials did not have the opportunity to choose which parts of the Constitution they would respect and which they would ignore, especially when criticized by members of Congress.
“The First Amendment is not optional. It is not conditional. It does not expire because it threatens someone in power,” Houlahan said. “Fortunately, it limits the power of our government, especially when that power is tempted to punish lawful speech.”
Deluzio said the Trump administration’s actions showed it wanted to “throw us in jail for speaking the law.”
“I have little doubt that Donald Trump and those around him are willing to abuse their power. We have seen it with ourselves and other would-be political opponents,” said Deluzio. “There has to be accountability and justice. And I know we will all get through this.”
Goodlander said it was “truly sad and downright dangerous” that Trump was “so disconnected from a cornerstone and completely uncontroversial principle of American law” that illegal orders should not be followed.
“A legal principle born of the hard-fought, unprecedented tragedies of the Holocaust. A principle that has always guided us,” Goodlander said. “A principle that makes us who we are as Americans.”
