Democratic Sens. Kelly and Slotkin say they won't be intimidated after DOJ indictment fails
Source: ABC News
February 11, 2026, 3:29 PM
Sens. Elissa Slotkin and Mark Kelly vowed Wednesday to continue to push back against the Trump administration after the Justice Department's failed attempt to secure an indictment against them over a video they made last year telling members of the military that they are not required to follow illegal orders.
"Sen. Slotkin and I, we did not ask for this, we're just the first through the breach, but you'll be damn sure that we are not going to back down. We've been in war zones for this country. We've fought our country's enemies. This doesn't intimidate us. And we know that this is much bigger than the two of us," Kelly said.
The press conference came after the U.S. Attorney's office in Washington, D.C., failed to convince a grand jury to indict Kelly, Slotkin and Democratic Reps. Maggie Goodlander, Jason Crow, Chrissy Houlahan and Chris DeLuzio, all of whom are former members of the military or intelligence community.
Kelly said news of the grand jury's rejection of the case was not a "good news story." "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 and to send a signal to every American that they better think twice before they speak out or they might be next," Kelly said.
Read more: https://abcnews.com/Politics/democratic-sens-kelly-slotnick-intimidated-after-doj-indictment/story?id=130066498
SalamanderSleeps
(1,011 posts)DFW
(59,941 posts)Neither of them scare easily. Mark is coming over here next week. He has a full schedule, but well try and fit in an hour for coffee down in Paris, where I know hell be toward the end of the week. Im still pretty sure he still has no presidential plans, but if he is starting to change his mind (and if Im allowed to say so!), Ill pass it along.
LetMyPeopleVote
(177,634 posts)Senate Minority Leader Chuck Schumer described this weeks circumstances as a constitutional crisis. Theres every reason to believe he was right.
The DOJ tried to charge sitting members of Congress, whoâd done nothing, with felonies that wouldâve sent them to prison for decades.
— Steve Benen (@stevebenen.com) 2026-02-12T16:53:14.847Z
Despite the gambit's failure, Schumer characterized the effort itself as âa constitutional crisis.â I donât think thatâs hyperbolic. www.ms.now/rachel-maddo...
https://www.ms.now/rachel-maddow-show/maddowblog/democrats-want-to-turn-the-tables-on-pirro-following-failed-indictment-effort
On the contrary, some of the targets of this ridiculous gambit appear eager to turn the tables on those who went after them. Politico reported:
Rep. Jason Crow (D-Colo.) on Wednesday demanded U.S. Attorney for the District of Columbia Jeanine Pirro preserve all evidence related to her unsuccessful effort to bring charges against him and five other Democratic lawmakers. [ ]
In a letter sent Wednesday to Pirros office, Abbe Lowell, Crows attorney, called the effort to indict Crow and the other Democrats involved in the video a breathtaking and unprecedented level of prosecutorial overreach and misuse of power.
A week earlier, after Sen. Elissa Slotkin told the Justice Department that she wouldnt cooperate with its baseless investigation, the Michigan Democrats lawyers also requested that Pirro preserve all documents related to the matter for anticipated litigation.
Time will tell what, if anything, comes of this, but its also worth pausing to appreciate the larger context. After the grand jury dismissed the case as nonsensical, it was easy to mock Pirro and her assigned prosecutors over their humiliating failure, but lets not miss the forest for the trees: Federal prosecutors wanted to bring serious felony charges against sitting members of Congress whod done nothing wrong. If successful, the charges would have sent lawmakers to prison for many years.
Thats more than just bonkers. Its also a dangerous step down an authoritarian path.
.....I say to my Republican colleagues, if the executive branch can merely attempt to prosecute members of the legislative branch for simply exercising free speech, that is not a Democratic problem or a Republican problem, it is a constitutional crisis, Senate Minority Leader Chuck Schumer said Wednesday.
LetMyPeopleVote
(177,634 posts)Normally an indictment has to list the statutes on which the charges are based
President Donald Trump's alleged vengeance campaign against his political enemies has thus far flopped as his at times under-qualified loyalists fail to secure indictments, and new reports are emerging about the latest fiasco.
— Raw Story (@rawstory.com) 2026-02-18T20:01:18.853Z
https://www.rawstory.com/trump-prosecution-democratic-lawmakers
Federal prosecutors failed to persuade a single grand jury member that there was probable cause to indict six Democratic lawmakers who produced a video reminding military service members they were duty-bound to disobey unlawful orders, and The New Republic's Greg Sargent reported that even prosecutors weren't sure what law they might have broken.
"Heres what happened: After the FBI communicated with the Democratic lawmakers, prosecutors in Pirros office reached out to them to follow up," Sargent wrote. "Slotkins attorney, Preet Bharara, directly asked prosecutors what statute the Democrats had allegedly violated to prompt the criminal inquiry, according to sources familiar with these discussions. The prosecutors could not name any statute, the sources told me."
'What is the theory of criminal liability?' is the question that was posed to the prosecutors, one source said, adding that 'no answer was forthcoming.'"
Prosecutors went forward in their attempt to indict the members of Congress without naming any violated statute, and Sargent said that it still hasn't been definitively confirmed what statue they used in their ultimately doomed grand jury hearing.
"The failure to name a relevant statute when directly asked to do so by the lawyers for the accused suggests prosecutors didnt think a criminal prosecution was warranted or doubted there was probable cause to think the Democrats had committed a crime," Sargent wrote. "In fact, one source familiar with these discussions tells me the prosecutors general tone in them suggested they were making the sort of inquiry that normally comes at the very outset of the investigative process."
One of the sources said that prosecutors neither of whom had much prior experience seemed to be at the "very preliminary" stage in their investigation when they presented their evidence to a grand jury, and Sargent said that's a worrisome sign.
"For the DOJ to seek an indictment so soon after conversations like those suggests something or other prompted the rush to indict, perhaps a word from on high that lets go way out on a limb here had little to do with facts and law," he wrote. "Legal experts tell me its odd for prosecutors to fail to state any theory of criminal liability and then attempt an indictment anyway so quickly."
bluestarone
(21,814 posts)2028? I'm thinking there is a good chance!!
BumRushDaShow
(167,836 posts)but Slotkin is way down on the "progressive policies" scoring list (although to be fair, she has only been in office for a brief time) - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3617974