Senator Kelly Calls Out Republican Silence on DOJ's Attempted Indictment of Democrats
Senator Mark Kelly, a Democrat from Arizona, publicly criticized Republican lawmakers on Wednesday for their near-total silence after the Justice Department under former President Donald Trump attempted to prosecute him and five other Democratic legislators. The move stemmed from a video released last year in which the lawmakers advised U.S. service members not to follow illegal orders.
"They tried to have us charged and thrown into jail because we said something they didn't like," Kelly stated during a press conference on Capitol Hill. "Where are the free speech absolutist Republicans now who were so concerned about the weaponization of government? What happened to them? Where are they?"
A Warning for Democracy
Kelly emphasized the broader implications, describing the situation as "the master alarm flashing for our democracy." He argued that it threatens the foundational right to free speech, allowing citizens to lawfully protest their government without fear of retaliation.
On Tuesday, in an unprecedented action, a federal prosecutor sought to indict the group of lawmakers over their speech. However, a federal grand jury in Washington, D.C., rejected the effort. The targeted Democrats, all former military members, included:
- Senator Elissa Slotkin of Michigan
- Representative Chrissy Houlahan of Pennsylvania
- Representative Chris Deluzio of Pennsylvania
- Representative Maggie Goodlander of New Hampshire
- Representative Jason Crow of Colorado
Background of Attacks and Investigations
These Democratic lawmakers have frequently been targets of Trump's verbal and online assaults. Last year, Trump labeled their video as seditious behavior, suggesting it could be punishable by death. Additionally, Secretary of Defense Pete Hegseth initiated a Defense Department investigation into Kelly and threatened to demote his military rank, despite Hegseth having made similar statements to troops in 2016.
Republican lawmakers have largely remained passive as Trump's administration used government mechanisms to attack Democratic legislators, states led by Democrats, and other left-leaning institutions. This silence is particularly notable given the GOP's previous complaints about the weaponization of government and Department of Justice probes into Trump during the Biden administration, such as the investigation into his role in the January 6, 2021, insurrection at the U.S. Capitol.
Limited Republican Responses
Only one Republican, Senator Thom Tillis of North Carolina, spoke out unprompted on Wednesday about the attempted indictment. In an online post, the retiring lawmaker stated, "Political lawfare is not normal, not acceptable, and needs to stop." He added that such actions undermine America's criminal justice system and expressed relief that the grand jury saw through the attempt.
When questioned by a reporter, Senate Majority Leader John Thune of South Dakota remarked, "That's the judicial system at work, I guess." Later, he called the video "dumb" and "ill-advised" but said prosecution was unwarranted, noting the indictment failed under grand jury scrutiny.
Senate Judiciary Committee Chair Chuck Grassley of Iowa suggested the DOJ should focus on more pressing issues, saying, "I think our law enforcement people ought to be spending their time on making our community safe and going after real lawbreakers." In contrast, House Speaker Mike Johnson of Louisiana, a Trump ally, argued the Democrats "probably should be indicted" for obstructing law enforcement.
Democratic Outrage and Broader Concerns
The grand jury's decision not to indict is significant, as federal grand juries typically indict in most cases, requiring only probable cause rather than proof beyond a reasonable doubt. Democrats expressed outrage on Wednesday, warning that the Trump administration's actions endanger democracy by criminalizing free speech.
Senate Minority Leader Chuck Schumer of New York stated, "The failure of this indictment does not erase what it represents. A president willing to test whether the criminal justice system can be weaponized against democracy." He urged Republicans to break their silence, asserting that "Silence in moments like this is not neutrality. It is permission. It is submission. It is acquiescing to the possibility that our democracy may be dying."
Senator Slotkin added, "It's just a sad moment when anonymous grand jurors, just citizens called at random in Washington, D.C., have more bravery to uphold basic rule of law and stand for that than some of our colleagues here in the Senate."
