Former Vice President Kamala Harris condemned the Trump administration after a Washington grand jury declined to indict six Democratic lawmakers over a video in which they urged U.S. military members to refuse what they described as illegal orders. Harris called the Justice Department’s investigation an “outrageous abuse of power” and emphasized the threat it posed to freedom of speech and the independence of Congress.
The Trump administration’s attempt to indict six Democratic lawmakers was an outrageous abuse of power and perhaps its most brazen attack on freedom of speech so far.
— Kamala Harris (@KamalaHarris) February 11, 2026
We should all be grateful to the citizens serving on this grand jury who saw through what the Trump Justice… https://t.co/Klp85O2Qn5
“The Trump administration’s attempt to indict six Democratic lawmakers was an outrageous abuse of power and perhaps its most brazen attack on freedom of speech so far,” Harris wrote in a social media post. “We should all be grateful to the citizens serving on this grand jury who saw through what the Trump Justice Department tried to do and stood up for the rule of law. Every Republican lawmaker should condemn this effort to criminalize the activity of a coequal branch of government. Today, it was Democrats being targeted by Trump — but any of them could be next.”
The grand jury’s decision comes after federal prosecutors presented the case against Democratic Sens. Mark Kelly and Elissa Slotkin, along with four House Democrats, for a video released in November. In the clip, the lawmakers told service members that they were obligated to refuse orders they believed to be unlawful, citing military protocol. All six lawmakers have prior military or intelligence experience.
We want to speak directly to members of the Military and the Intelligence Community.
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
Grand jurors in Washington declined to indict, according to sources familiar with the proceedings. It remains unclear which charges prosecutors attempted to bring or whether they will seek an indictment again. Grand jury rejections are rare, but in recent months several high-profile cases in Washington have ended similarly, signaling citizen skepticism over the government’s evidence.
Sen. Mark Kelly described the administration’s actions as an attempt to “jail members of Congress for their speech” and said the grand jury decision reinforced the constitutional protections at stake. Speaking alongside Slotkin at a press briefing, Kelly said, “We know the law and the Constitution is on our side. We saw that yesterday when U.S. citizens, the members of a grand jury, they took a stand and said, ‘No.’”
Mark Kelly claims Trump is throwing people in jail for speaking,
— Defiant L’s (@DefiantLs) February 11, 2026
" Where are the free speech absolutist Republicans who were so concerned about the weaponization of government now?"pic.twitter.com/8VvsQsCuxa
Kelly also questioned Republican lawmakers who have previously described themselves as defenders of free speech. “Where are the free speech absolutist Republicans now, who were so concerned about the weaponization of government?” he asked. “Where are they as Donald Trump tries to throw senators and representatives in jail for what they say?”
Slotkin echoed the importance of the ruling, calling it a victory for constitutional rights. “Tonight we can score one for the Constitution, our freedom of speech, and the rule of law,” she said. Kelly added that the episode underscored the fragility of democratic institutions. “Our democracy has been around for two hundred and fifty years, but it is not guaranteed. From the very beginning of our nation, it has depended on the willingness of patriotic Americans to fight for it,” he said.
The Justice Department investigation followed widespread criticism from Trump and his aides, who described the video as “seditious” and called for harsh punishments, with Trump claiming the offense could be “punishable by death.” The U.S. attorney’s office in Washington, led by Jeanine Pirro, authorized prosecutors to present the case to the grand jury, which ultimately declined to indict.
SEDITIOUS BEHAVIOR, punishable by DEATH!
— Commentary: Trump Truth Social Posts On X (@TrumpTruthOnX) November 20, 2025
(TS: 20 Nov 10:21 ET)
In addition to the legal proceedings, the Pentagon opened an investigation into Kelly under a federal law that allows retired service members to be recalled to active duty and face potential court-martial or other penalties. Defense Secretary Pete Hegseth censured Kelly for participating in the video and has sought to retroactively demote him from his retired rank of captain. Kelly is suing to block these proceedings, arguing they constitute unconstitutional retaliation. During a recent hearing, a judge appeared skeptical of the government’s arguments supporting Hegseth’s actions.
The grand jury’s refusal to indict marks another rebuke of the administration’s legal efforts targeting Democratic lawmakers. Harris’ comments highlight broader concerns about the potential for government actions to encroach on the independence of Congress and the constitutional protections afforded to elected officials.
