“Donald Trump has declared war on free speech,” says Schumer after DOJ bid to indict Democratic lawmakers falls short
WASHINGTON — Senate Democratic leader Chuck Schumer said President Donald Trump “has declared war on free speech” after federal prosecutors sought — and failed — to win indictments against a group of Democratic lawmakers over a video urging service members to refuse unlawful orders.
Donald Trump has declared war on free speech.
— Chuck Schumer (@SenSchumer) February 11, 2026
Schumer’s statement, posted Tuesday on X, came as Democrats rallied around six lawmakers who were targets of a Justice Department effort to bring criminal charges tied to a public service-style message recorded last year. The lawmakers — Sens. Mark Kelly of Arizona and Elissa Slotkin of Michigan, along with Reps. Jason Crow of Colorado, Chrissy Houlahan and Chris Deluzio of Pennsylvania, and Maggie Goodlander of New Hampshire — appeared in a video reminding military and intelligence personnel that their oath is to the Constitution and that they are obligated to reject illegal directives.
A federal grand jury in Washington declined to indict the group, according to reporting by major news outlets, a rare rebuke in a system where prosecutors typically have broad latitude and grand juries often approve charges. The attempted case drew immediate blowback from Democrats and some legal analysts who argued the push risked criminalizing political speech and setting a precedent for targeting elected officials based on their public statements.
The Justice Department effort focused on whether the lawmakers’ video could be construed as unlawfully interfering with the “loyalty, morale, or discipline” of U.S. armed forces — a sensitive legal area that touches military order and good discipline. The lawmakers said their message reflected existing military law and training: that unlawful orders are not to be followed.
Schumer and other Democrats framed the failed push as part of a broader pattern they say is aimed at intimidating political opponents and chilling dissent. They argued that even without indictments, investigations can impose costs — legal bills, security concerns, and the threat of future action — that can deter officials from speaking freely.
Republicans and administration allies have argued that elected officials should not be insulated from scrutiny when their messaging intersects with national security, and they have cast the video as irresponsible in a moment of heightened political tension. Democrats counter that the content did not urge disobedience to lawful commands and instead reinforced the distinction between lawful and unlawful orders — a concept embedded in military codes and the oath of service members.
The Justice Department has not publicly detailed whether prosecutors plan to revisit the matter, and officials have offered limited public comment as the political dispute has intensified. For Democrats, the grand jury’s decision has become a rallying point — and for Schumer, a line in the sand about what he says is at stake.
