WASHINGTON (AP) — Democrats gave impassioned speeches on the Senate floor Wednesday condemning the Justice Department’s attempt to prosecute a group of lawmakers who last year urged U.S. service members to resist “unlawful orders,” calling the incident a severe test for their Senate and the rule of law.
“The fact that they failed to jail a U.S. senator should not take away our anger. They tried to jail two of us,” said Sen. Brian Schatz, D-Hawaii. “I’m not entirely sure the U.S. Senate can get through this without Republicans stepping up.”
Schatz was one of the 90-second videos that drew backlash from President Donald Trump a day after a Washington grand jury declined to indict six Democratic lawmakers, including Sens. Elissa Slotkin and Mark Kelly.
As Democrats blasted the Trump administration, they also asked their Republican colleagues to speak out. Senator Chris Murphy called it a “test for the Senate” that “could permanently break the institution.”
Earlier Wednesday, Slotkin and Kelly praised the grand jury’s decision, with Slotkin saying, “Had things gone in a different direction, we would have been prepared to make arrests.”
“A group of anonymous Americans upheld the rule of law and decided that this case should not proceed,” she said.
The failed prosecution marks a major setback for the Justice Department, which has faced increasing scrutiny from Democrats and some Republicans over investigations related to Trump’s political grievances. The incident raises serious First Amendment questions about the possibility that sitting members of Congress could be prosecuted for their speeches.
“This is not good news,” Kelly said. “This is a story about how Donald Trump and his cronies are trying to break our system to silence anyone who legitimately opposes them.”
Senate Democratic Leader Chuck Schumer similarly cast the attempt as a broader free speech threat, saying that if Trump “thinks he can even try to jail senators for speech he doesn’t like, then the First Amendment is no longer a fundamental right.”
Senate Majority Leader John Thune (R-S.D.) said the Justice Department’s response “wouldn’t be my response to this, but that’s where we are right now.”
“The indictment did not withstand grand jury review. It was clear that nothing would come of it,” Thune said.
Kelly and Slotkin said at a joint news conference that they have not been told what charges prosecutors are seeking and it is unclear whether prosecutors plan to continue pursuing the case. 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 affected by the video for months. Trump reacted angrily to their video, labeling it “inflammatory” and saying on social media that the crime was “punishable by death.”
All six Democratic lawmakers who appear in the 90-second video have served in the military or intelligence services. They said the purpose of the video was simply to confirm existing laws after being contacted by members of the military.
On the other side of the Capitol, Republican House Speaker Mike Johnson of Louisiana said the video warranted criminal review. He told MSNow News on Wednesday night that the lawmakers “probably should be prosecuted.”
“Anytime you obstruct law enforcement and impede these sensitive operations, it’s a very serious matter and potentially criminal. And, yes, they should probably be prosecuted,” he said.