The Scoop
Senate Republicans of all ideological persuasions are lining up to chide the Trump administration for trying to indict six congressional Democrats over a video that urged members of the military to disobey unlawful orders.
Even Republican senators who criticized the Democratic video made clear that they thought the Justice Department — which failed to persuade a grand jury to return the indictment — brought a weak case and set a poor precedent.
Sen. Josh Hawley, R-Mo., told Semafor that the Democrats’ video showed “terrible, terrible judgment, but I think trying to indict them for it was not a good idea.” Sen. Bill Cassidy, R-La., said in an interview that “I would not have brought it were I the president.”
Senate Judiciary Chair Chuck Grassley, R-Iowa, said that “I think our law enforcement people ought to be spending their time on making our community safe and going after real law-breakers.”
Other Republicans warned that the case could open the door to similar attempts to police congressional speech on both sides of the aisle.
“It’s very chilling, right? As a member of Congress, we have the Speech and Debate Clause. Not only as a member, but it’s a First Amendment right of speech here,” said Sen. Lisa Murkowski, R-Alaska.
“We should not have an administration pursuing what I think is just kind of a petty and vindictive path against members of the other party.”
DOJ tried but failed to secure indictments against Sens. Mark Kelly, D-Ariz., and Elissa Slotkin, D-Mich., as well as four House Democrats. The six lawmakers, all of them veterans of military or national security agencies, filmed a video last year reminding troops that they “can refuse illegal orders.”
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Kelly and Slotkin said on Wednesday that they still weren’t even sure what the administration was trying to indict them for. They also made clear they hoped to get some of their GOP colleagues to push back against the attempt to charge them. Kelly praised Sen. Thom Tillis, R-N.C., for condemning “political lawfare” and said he’d received a couple of private communications from Republicans.
But the duo was frustrated that Senate Majority Leader John Thune hadn’t more forcefully criticized the indictments and that House Speaker Mike Johnson said the Democrats had “probably” committed a crime. Kelly asked, “Where are the free speech absolutist Republicans now?”
Republicans offered less forceful condemnation of the failed indictments than Democratic Sens. Cory Booker, Chris Murphy and Brian Schatz did on the Senate floor. But Slotkin and Kelly’s rank-and-file GOP colleagues clearly disagreed with their leaders.
“I’m not surprised that the grand jury declined to indict them,” said Sen. Susan Collins, R-Maine. “I don’t think they should have [tried to indict them]. I spoke out about that very early on.”