
The seal of the Department of Justice / Imagn
Several prominent Republican senators expressed relief after learning that a grand jury rejected an effort by the Department of Justice to indict six Democratic lawmakers, including Sens. Mark Kelly (Ariz.) and Elissa Slotkin (Mich.), over a controversial video encouraging military and intelligence personnel to refuse unlawful orders.
While many GOP lawmakers criticized the video itself, calling it inappropriate and potentially encouraging insubordination, they were reportedly surprised by news that prosecutors in Washington, D.C., had sought criminal charges. The revelation surfaced Tuesday and involved U.S. Attorney Jeanine Pirro, who allegedly attempted to secure indictments against the Democrats.

U.S. Attorney Jeanine Pirro / Imagn
Sen. Roger Wicker (R-Miss.), chair of the Senate Armed Services Committee, said he believed the grand jury made the correct decision by declining to indict. Sen. Thom Tillis (R-N.C.) went further, praising the grand jury for stopping what he described as political “lawfare.” Tillis suggested the attempt to prosecute Democrats was politically motivated and tied to President Trump’s earlier calls to have Kelly and Slotkin arrested over the video. In a social media statement, Tillis warned that politicized prosecutions weaken the criminal justice system and should not become normal practice.
Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) also criticized the DOJ’s focus, arguing that federal prosecutors should prioritize public safety and pursue actual criminals rather than investigate sitting lawmakers for political speech.
Sen. Lisa Murkowski (R-Alaska) called the indictment attempt “reckless” and “punitive,” saying she was disturbed by what she viewed as an alarming effort to criminalize lawmakers for highlighting provisions already included in the Uniform Code of Military Justice. Sen. Mike Rounds (R-S.D.) said the outcome showed the legal system worked as intended.
One unnamed Republican senator suggested the attempted prosecution may have run into constitutional issues, citing the Speech or Debate Clause, which protects lawmakers from being prosecuted over legislative activities and political speech. Senate Majority Leader John Thune (R-S.D.) said he trusted the grand jury’s judgment and hoped its decision would put the matter to rest.
Kelly and Slotkin said they were never formally informed that prosecutors were attempting to indict them and only learned about it through media reports. Slotkin said she still did not know what exact statute Pirro’s office had tried to use. Kelly noted that grand jury proceedings are secretive, making it unlikely the public will ever know the details of the failed prosecution attempt.

Sen. Elissa Slotkin, D-Mich. / Mandatory Credit: Jack Gruber-USA TODAY
Kelly also emphasized how rare it is for a grand jury to reject an indictment request, joking that the system has an almost perfect success rate. He cited data suggesting that in 2013, out of 165,000 indictment attempts, only five were unsuccessful.
Democrats reacted with outrage. Sen. Richard Blumenthal (D-Conn.) called the attempted prosecution “unprecedented” and argued it was a blatant effort to intimidate political opponents and silence criticism of the administration. Blumenthal, a former federal prosecutor, said the grand jury’s rejection was an embarrassment for the Justice Department and suggested it indicated prosecutors lacked both evidence and a legal foundation.
Slotkin argued the case was driven by pressure from Trump, calling it an example of weaponizing federal law enforcement.
The controversy traces back to a video circulated in November in which Democratic lawmakers urged military personnel to reject unlawful orders during growing bipartisan concerns about the legality of Trump-era missile strikes targeting suspected Venezuelan drug smugglers. Trump reacted furiously, accusing the lawmakers of “seditious behavior” and labeling them “traitors,” even suggesting the death penalty.
Some Republicans, including Sen. Rand Paul (R-Ky.), previously criticized Trump’s rhetoric as reckless and irresponsible. GOP senators have also warned Defense Secretary Pete Hegseth against retaliating against Kelly — a retired Navy captain — by attempting to strip him of rank or pension. Sen. Susan Collins (R-Maine) said such action would be inappropriate.
For now, Republican senators appear relieved the legal system halted what many see as a dangerous precedent, even as political tensions around the video and Trump’s response continue to simmer.





