Sen. Elissa Slotkin, R-Mich., listens as Sen. Mark Kelly, R-Ariz., speaks about the failed grand jury indictment during a news conference at the U.S. Capitol on February 11, 2026, in Washington, D.C. (Photo by Heather Diehl/Getty Images)
WASHINGTON – Democratic members of Congress said Wednesday that the Trump administration was using an “authoritarian playbook” in trying to get a grand jury indictment against them for releasing a video reminding members of the military and intelligence communities that they can refuse illegal orders.
Arizona Sen. Mark Kelly and Michigan Sen. Elissa Slotkin said during a joint news conference that 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 did not speak out.
“This is not a working justice system,” Kelly said. “This shouldn’t be the president who immediately decides to hang members of the United States Senate and calls for our execution. And then, I guess, he realized it wasn’t a good idea or someone told him it was ridiculous. Then he prosecuted something for something that’s in the First Amendment.”
Slotkin, a former CIA officer, said the failed attempt to convince a federal grand jury in the District of Columbia to indict her and the other five lawmakers depicted in the video was not something she expected to see in America.
“If things had turned out differently, we would have been preparing to make an arrest,” Slotkin said.
The Justice Department and the office of U.S. Attorney General for the District of Columbia Jeanine Pirro did not respond to requests for comment.
No word from the Department of Justice
Slotkin said she and other Democrats learned about the impeachment attempt from news articles. The Department of Justice has not contacted us to say what they are trying to accuse the lawmakers of or what law they believe they may have violated.
Kelly noted during the press conference that he did I’m waiting to find out if a federal judge will issue a preliminary injunction preventing the Department of Defense from reducing his retirement rank and paying him as a Navy captain to appear in the film.
Kelly, Slotkin, Colorado Reps. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander, all Democrats with military or national security experience, posted a video November 18.
“No one has to follow orders that violate the law or our Constitution. We know it’s difficult and it’s a difficult time to be a public official,” they said. “But whether you serve in the CIA, Army, Navy or Air Force, your vigilance is crucial.”
Trump’s reaction, Defense Department investigation
President Donald Trump reacted on social media a few days later, falsely claiming that the video depicted “DEFECTIVE CONDUCT, punishable by DEATH!”
Department of Defense initiated an investigation to Kelly later that month, and Secretary Pete Hegseth announced in January that officials had begun the process of reducing Kelly’s retirement grade and salary.
Kelly filed a lawsuit shortly thereafter, he asked a federal court to block the Department of Defense from taking further action and alleged that its actions violated his constitutional rights, including the First Amendment.
Members of the House take the floor
The four House Democrats featured in the video held their own news conference this afternoon, criticizing the Trump administration for the grand jury indictment and hinting at possible legal action of their own.
“My lawyers just sent a letter to the Department of Justice today informing them of the costs,” Crow said. “We’re not just going to 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 return a request for detailed information from States Newsroom.
Houlahan said Trump administration officials cannot pick and choose which parts of the Constitution to respect and which to ignore, especially when they are criticized by members of Congress.
“The First Amendment is not optional. It is not conditional. It does not expire because it threatens the person in power,” Houlahan said. “Fortunately, this limits the power of our government, especially when that power is tempted to punish lawful speech.”
Deluzio said the Trump administration’s actions show it wanted to “throw us in jail for legislating.”
“I have no doubt that Donald Trump and his entourage are willing to abuse their power. We have seen this with us, with other perceived political opponents,” Deluzio said. “There must be accountability and justice. And I know we will all make it happen.”
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 obeyed.
“A principle of law that was born out of the hard-earned, unparalleled tragedies of the Holocaust. A principle that has always guided us,” Goodlander said. “The principle that makes us who we are as Americans.”
