Mark Kelly says attempt to indict him is ‘master alarm flashing for our democracy’

PHOENIX — U.S. Sen. Mark Kelly of Arizona condemned President Donald Trump’s administration for seeking an indictment against him and other Democrats over a video they made last November that urged members of the military not to comply with unlawful orders.

“We learned, through the media, that federal prosecutors tried and failed to get an indictment of us from a grand jury,” Kelly said in a Wednesday press conference.

He and five other Democrats came under scrutiny after releasing a video last year telling members of the U.S. military and the intelligence community they have a duty to refuse “illegal orders.”

Kelly voiced his concerns a day after The New York Times reported that the Department of Justice’s attempt to indict the Democrats was thwarted when a federal grand jury rejected prosecutors’ arguments that their message qualified as criminal behavior.

“This is not a good news story,” Kelly said. “This is a story about how Donald Trump and his cronies are trying to break our system in order to silence anyone who lawfully speaks out against them and to send a signal to every American that they better think twice before they speak out, or they might be next.”

Mark Kelly condemns Trump admin’s failed indictment pursuit

Although the news from the court means the Democrats will likely not be held criminally responsible for the video, Kelly said the fact that they even faced the potential of punishment was outrageous.

“They tried to have us charged and thrown into jail because we said something that they didn’t like, because we repeated what the law actually is,” Kelly said. “This did not happen in Russia or China. In Russia or China, we see these things.”

He also described Jeanine Ferris Pirro, the U.S. Attorney for the District of Columbia, as “the president’s personal attack dog” because she authorized prosecutors to go to the grand jury to ask for the indictment.

“Folks, this is the master alarm flashing for our democracy. It is threatening the very foundation of our system — that we have a right to free speech, to lawfully speak out and protest our government without fear of retaliation,” Kelly said.

Why did Trump administration dislike “illegal orders” video Mark Kelly was in?

Kelly and five other Democratic lawmakers took part in the 90-second video that sparked federal ire after it was posted on Nov. 18: Sen. Elissa Slotkin (Mich.) and Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Chrissy Houlahan (Pa.) and Maggie Goodlander (N.H.).

We want to speak directly to members of the Military and the Intelligence Community.

The American people need you to stand up for our laws and our Constitution.

Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r

— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025

Two days after the video’s release, Trump called the participants “traitors” and accused them of sedition “punishable by death” on his Truth Social account.

On Nov. 24, the Department of Defense announced it was reviewing “serious allegations of misconduct” against Kelly and warned he could face court-martial proceedings.

Then, on Jan. 5, Defense Secretary Pete Hegseth censured Kelly, threatening to demote the retired U.S. Navy captain for telling troops they should defy unlawful orders.

Kelly then filed a lawsuit on Jan. 12 to prevent the Pentagon from demoting him from his retired rank of Navy captain.

Mark Kelly still has to deal with Pete Hegseth conflict

Due to this separate legal spat with Hegseth, Kelly isn’t out of the Trump administration’s crosshairs — even though its indictment pursuit failed.

“I’m also waiting for an important decision by a federal judge in my case against Pete Hegseth, who this president and Republicans in the Senate chose to give tremendous power,” Kelly said. “Where are they? Where are the free speech absolutist Republicans now who were so concerned about the weaponization of government?”

He called upon Republicans to show their support.

“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.”

The Associated Press contributed to this report.

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