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Democratic senators decry indictment attempt, warning it ‘could break this institution’

WASHINGTON (AP) — Democrats took to the Senate floor Wednesday and delivered impassioned speeches denouncing the Justice Department’s attempt last year to charge a group of lawmakers who urged U.S. military members to resist “illegal orders.”

D-Sen., Hawaii. “The fact that they failed to imprison a U.S. senator should not take away our anger. They tried to imprison two of us,” Brian Schatz said. “If Republicans don’t stand up, I’m not entirely sure the United States Senate can survive this.”

Schatz was among a number of Democratic senators who spoke the day after the Washington grand jury denied the accusation Six Democratic lawmakers, including Sens. Elissa Slotkin and Mark Kelly, said in a 90-second video received severe reaction From President Donald Trump.

While Democrats criticized the Trump administration, they also challenged their Republican colleagues to speak out. Senator Chris Murphy called it “a test for the Senate” and “could permanently collapse this institution.”

Earlier Wednesday, Slotkin and Kelly praised the grand jury’s decision, with Slotkin saying “if things had gone differently, we would be preparing to make an arrest.”

“A group of anonymous Americans defended the rule of law and decided that this case should not proceed,” he said.

The failed indictments mark a high-profile setback for the Justice Department, which has faced increasing scrutiny from Democrats and some Republicans for investigations seen as aligned with Trump’s political grievances. The episode raised harsh questions about the First Amendment regarding possible investigations of members of Congress for their speech.

“This is not good news,” Kelly said. “This is a story about how Donald Trump and his followers are trying to break our system to silence anyone who legally speaks against them.”

Senate Democratic leader Chuck Schumer similarly framed the initiative as a broader threat to free speech, saying that if Trump “believes he can attempt to jail senators for speech he doesn’t like, then the First Amendment is no longer a fundamental right.”

Senate Majority Leader John Thune (R.S.D.) said the Justice Department’s response “will not be my answer to that, but that’s where we are right now.”

“The indictment did not withstand the scrutiny of the grand jury. It was clear it wasn’t going anywhere,” Thune said.

Kelly and Slotkin said at a joint news conference that they had not been told what charges prosecutors were seeking and that it was unclear whether prosecutors planned to pursue the case. Senators said they sent a letter Wednesday asking the Justice Department to confirm that the investigation is now closed.

Two senators and four House members have been grappling with the fallout from the video for months. Trump reacted angrily to the video, calling it “provocative” and saying on social media that the crime was “punishable by death.”

All six of the Democratic lawmakers featured in the 90-second video served in the military or intelligence agencies. They said the purpose of the video was to confirm the current law after receiving support from members of the military.

On the other side of the Capitol, Louisiana Republican House Speaker Mike Johnson said the video warranted criminal investigation. He told MSNow News late Wednesday that the deputies “probably should be charged.”

“When you obstruct law enforcement and get in the way of these sensitive operations, that’s a very serious thing and probably a crime. And yes, they should probably be prosecuted,” he said.

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