Dem Senators Decry Indictment Attempt  02/12 06:23

   

   WASHINGTON (AP) -- Democrats took to the Senate floor Wednesday to deliver 
impassioned speeches denouncing the Justice Department's attempt to indict a 
group of lawmakers who last year urged U.S. military members to resist "illegal 
orders," framing the episode as a dire test for their chamber and the rule of 
law.

   "The fact that they failed to incarcerate a United States senator should not 
obviate our outrage. They tried to incarcerate two of us," said Sen. Brian 
Schatz, D-Hawaii. "I am not entirely sure the United States Senate can survive 
this if we do not have Republicans standing up."

   Schatz was among a string of Democratic senators who spoke a day after a 
Washington grand jury declined to indict six Democratic lawmakers, including 
Sens. Elissa Slotkin and Mark Kelly, over a 90-second video that drew fierce 
backlash from President Donald Trump.

   While Democrats blasted the Trump administration, they also challenged 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'd be preparing for 
arrest."

   "A group of anonymous Americans upheld the rule of law and determined that 
this case should not proceed," she said.

   The failed indictments mark a high-profile setback for the Justice 
Department, which has faced mounting scrutiny from Democrats and some 
Republicans over investigations seen as aligned with Trump's political 
grievances. The episode has raised stark First Amendment questions about the 
potential prosecution of sitting members of Congress for their speech.

   "This is not a good news story," Kelly said. "This is a story about how 
Donald Trump and his cronies are trying to break our system in order to silence 
anyone who lawfully speaks out against them."

   Senate Democratic Leader Chuck Schumer similarly framed the attempt as a 
broader free speech threat, saying that if Trump "believes that he can even 
attempt to jail senators over speech he dislikes, then the First Amendment is 
no longer a basic right."

   Senate Majority Leader John Thune, R-S.D., said the Justice Department's 
response "wouldn't have been my response to that, but we are where we are."

   "The indictment didn't withstand the scrutiny of a grand jury. It was clear 
it was not going anywhere," Thune said.

   Two Republicans, Sens. Thom Tillis and Lisa Murkowski, stood out from the 
otherwise muted reaction in their party. Tillis said that "political lawfare is 
not normal, not acceptable, and needs to stop," while Murkowski called it "a 
very disturbing direction that the administration has taken in basically trying 
to make criminals out of sitting lawmakers who effectively pointed out what the 
Uniform Military Code of Justice says."

   Kelly and Slotkin said during a joint press conference that they have not 
been told what charges prosecutors sought, and it's unclear whether prosecutors 
plan to keep pursuing the case. The senators sent a letter on Wednesday asking 
the Justice Department to confirm the investigation is now closed, they said.

   The two senators and four House members have been embroiled in fallout from 
the video for months. Trump reacted angrily to their video, labeling it 
"seditious" and saying on social media that the offense was "punishable by 
death."

   All six of the Democratic lawmakers who appeared in the 90-second video 
served in the military or intelligence communities. They said the video's 
purpose was to simply affirm existing law after receiving outreach from members 
of the military.

   On the other side of the Capitol, Republican House Speaker Mike Johnson of 
Louisiana said the video warrants criminal scrutiny. He told MSNow late 
Wednesday that the lawmakers "probably should be indicted."

   "Anytime you're obstructing law enforcement and getting in the way of these 
sensitive operations, it's a very serious thing, and it probably is a crime. 
And, yeah, they probably should be indicted," he said.