Sen. Mark Kelly said that President Donald Trump was trying to jail members of Congress for their speech after a grand jury in the District of Columbia declined to indict six Democratic lawmakers over a video they posted last fall about refusing illegal orders.
“We know the law and the Constitution is on our side,” Kelly said at a press briefing with Sen. Elissa Slotkin. “We saw that yesterday when U.S. citizens, the members of a grand jury, they took a stand and said, ‘No.’”
Kelly asked where Republicans who describe themselves as free speech advocates were now, as the administration pursued the case.
“Where are the free speech absolutist Republicans now, who were so concerned about the weaponization of government?” Kelly said. “Where are they as Donald Trump tries to throw senators and representatives in jail for what they say?”
Kelly and Slotkin spoke a day after federal prosecutors failed to secure indictments from a grand jury in Washington, according to reporting by The New York Times citing people familiar with the matter. The Justice Department declined to comment.
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
The case stemmed from a video released in November in which Kelly, Slotkin and four House Democrats said service members were obligated to refuse illegal orders. Prosecutors sought to argue that the video violated a statute barring interference with the loyalty, morale or discipline of the armed forces, according to the Times.
The six lawmakers are Kelly of Arizona and Slotkin of Michigan, along with Reps. Jason Crow, Maggie Goodlander, Chrissy Houlahan and Chris Deluzio. Here is the video that was posted in November by Sen. Elissa Slotkin for reference:
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
Slotkin said the grand jury’s decision showed the Constitution protected their speech. “Tonight we can score one for the Constitution, our freedom of speech, and the rule of law,” she said in a statement.
Kelly said the administration’s actions followed Trump’s reaction to the video. He noted that Trump had previously called for harsh punishment of the lawmakers over the clip.
“The best moment for them to stand up would have been in November, when Donald Trump said we should be hanged for this video,” Kelly said. “But the next best moment, well, that is right now.”
BREAKING: Trump is calling for the arrest of Democratic members of Congress who made a video urging the military to refuse orders pic.twitter.com/3HhCw788BM
— Insider Paper (@TheInsiderPaper) November 20, 2025
The President of the United States is openly calling for the execution of Democratic Members of Congress.
— Rep. Jim McGovern (@RepMcGovern) November 20, 2025
Where is the condemnation from Republicans over this blatant call for political violence? pic.twitter.com/jAo6DTkH8W
According to the Times, the U.S. attorney’s office in Washington, led by Jeanine Pirro, authorized prosecutors to present the case to a grand jury. The grand jurors declined to return indictments.
The Justice Department has not announced whether it will seek charges again.
Kelly said the episode underscored the stakes for democratic institutions.
“Our democracy has been around for two hundred and fifty years, but it is not guaranteed,” he said. “From the very beginning of our nation, it has depended on the willingness of patriotic Americans to fight for it.”
