Democratic lawmakers who appeared in a viral video message to the military criticized the Trump administration Tuesday after reports that the Justice Department sought but failed to secure an indictment against them.
The four House members and two senators who served in the military or in the CIA urged in the video that those currently serving in U.S. military and intelligence positions to disobey unlawful orders.
Reports of the failed attempt at an indictment against some or all those lawmakers — from NBC News, The New York Times and CBS News — dovetail with moves by the Trump administration to target critics with criminal charges.
The U.S. attorney’s office in Washington led by Jeanine Pirro authorized prosecutors to go into a grand jury and ask for the indictment, The New York Times reported. The Justice Department did not immediately respond to a request for comment.
Sens. Elissa Slotkin of Michigan and Mark Kelly of Arizona and Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire and Chris Deluzio and Chrissy Houlahan of Pennsylvania, appeared in the video, which President Donald Trump called “seditious behavior” of the sort that is “punishable by death.”
“Right now, the threats coming to our Constitution aren’t just coming from abroad but from right here at home. Our laws are clear. You can refuse illegal orders. You must refuse illegal orders,” the group said in the video.
It prompted an FBI probe against the six Democrats, a day after the Pentagon said it was probing Kelly for alleged misconduct over the video.
Kelly in a statement on social media Tuesday called the attempted indictment “an outrageous abuse of power” by the administration.
“It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime — all because of something I said that they didn’t like. That’s not the way things work in America,” Kelly said.
Slotkin praised the grand jury for refusing to return an indictment in a statement on social media, saying it “wasn’t just an embarrassing day for the Administration. It was another sad day for our country.”
“Because whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies. It’s the kind of thing you see in a foreign country, not in the United States we know and love,” Slotkin’s statement said. “No matter what President Trump and Pirro continue to do with this case, tonight we can score one for the Constitution, our freedom of speech, and the rule of law.”
Deluzio also responded, stating in a social media post that he would not be intimidated. “They may want Americans to be afraid to speak out or to disagree—but patriotism demands courage in this moment. DON’T GIVE UP THE SHIP!” Deluzio’s statement said.
Goodlander said she would not be intimidated by the administration and would continue her work.
“President Trump directed the Justice Department to investigate me, arrest me, and hang me simply for doing my job. Today an American grand jury honored our Constitution by standing up to an outrageous abuse of presidential power and taxpayer dollars,” Goodlander said in a statement on social media.
Crow, the Democrat from Colorado, said in a statement that Americans “should be furious that Trump and his goons tried to weaponize our justice system again against his political opponents.”
“His attempts to intimidate and silence us will always fail,” Crow said. “We will continue to fight back against their rising tyranny, along with all Americans of good conscience. Courage is contagious.”
Republicans have largely defended the Trump administration’s efforts, including Speaker Mike Johnson, who told reporters Tuesday night that the six should face prosecution for their comments.
“I think that anytime you’re obstructing law enforcement and getting in the way of these sensitive operations, it’s a very serious thing and it’s probably a crime, and yeah they probably should be indicted,” Johnson said.
In response to the video last year, Trump criticized the six on social media, accusing them of committing a crime.
“This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???” Trump said in one post.
In another post, Trump accused the six of “SEDITIOUS BEHAVIOR, punishable by DEATH!”
The Defense Department began a disciplinary process against Kelly last year, seeking to reprimand and possibly demote him from his rank of Navy captain. Kelly is retired.
Last month Kelly filed a federal lawsuit accusing the administration of retaliating against him for speech protected by the First Amendment. That lawsuit is still ongoing.
In the past Trump has called for prosecutions into his critics, which was shortly followed by indictments. That includes when federal prosecutors indicted former FBI Director James Comey and New York Attorney General Letitia James
Both pleaded not guilty to the charges and they were later tossed after a judge found the Trump administration’s handpicked prosecutor was improperly appointed.
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