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WASHINGTON — <\/span>Democrats took to the Senate floor Wednesday to deliver impassioned speeches denouncing the Justice Department\u2019s attempt to indict a group of lawmakers who last year urged U.S. military members to resist \u201cillegal orders,\u201d framing the episode as a dire test for their chamber and the rule of law.<\/p>\n \u201cThe fact that they failed to incarcerate a United States senator should not obviate our outrage. They tried to incarcerate two of us,\u201d said Sen. Brian Schatz, D-Hawaii. \u201cI am not entirely sure the United States Senate can survive this if we do not have Republicans standing up.\u201d<\/p>\n Schatz was among a string of Democratic senators who spoke a day after a Washington grand jury declined to indict<\/a> six Democratic lawmakers, including Sens. Elissa Slotkin and Mark Kelly, over a 90-second video that drew fierce backlash<\/a> from President Donald Trump.<\/p>\n While Democrats blasted the Trump administration, they also challenged their Republican colleagues to speak out. Sen. Chris Murphy called it a \u201ctest for the Senate” that “could break this institution permanently.\u201d<\/p>\n Earlier Wednesday, Slotkin and Kelly praised the grand jury\u2019s decision, with Slotkin saying that \u201cif things had gone a different way, we\u2019d be preparing for arrest.\u201d<\/p>\n \u201cA group of anonymous Americans upheld the rule of law and determined that this case should not proceed,\u201d she said.<\/p>\n The failed indictments mark a high-profile setback for the Justice Department, which has faced mounting scrutiny from Democrats and some Republicans over investigations seen as aligned with Trump\u2019s political grievances. The episode has raised stark First Amendments questions about the potential prosecution of sitting members of Congress for their speech. <\/p>\n “This is not a good news story,\u201d Kelly said. \u201cThis 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.\u201d<\/p>\n Senate Democratic leader Chuck Schumer similarly framed the attempt as a broader free speech threat, saying that if Trump \u201cbelieves that he can even attempt to jail senators over speech he dislikes, then the First Amendment is no longer a basic right.\u201d<\/p>\n Senate Majority Leader John Thune, R-S.D., said the Justice Department’s response \u201cwouldn\u2019t have been my response to that, but we are where we are.\u201d<\/p>\n \u201cThe indictment didn\u2019t withstand the scrutiny of a grand jury. It was clear it was not going anywhere,\u201d Thune said. <\/p>\n Kelly and Slotkin said during a joint press conference that they have not been told what charges prosecutors sought, and it’s unclear whether prosecutors plan to keep pursuing the case. The senators sent a letter Wednesday asking the Justice Department to confirm the investigation is now closed, they said.<\/p>\n The two senators and four House members have been embroiled in fallout from the video for months. Trump reacted angrily to their video, labeling it \u201cseditious\u201d and saying on social media that the offense was \u201cpunishable by death.\u201d<\/p>\n All six of the Democratic lawmakers who appeared in the 90-second video served in the military or intelligence community. They said the video\u2019s purpose was to simply affirm existing law after receiving outreach from members of the military. <\/p>\n On the other side of the Capitol, Republican House Speaker Mike Johnson of Louisiana said the video warrants criminal scrutiny. He told MSNow News late Wednesday that the lawmakers \u201cprobably should be indicted.\u201d<\/p>\n \u201cAnytime you\u2019re obstructing law enforcement and getting in the way of these sensitive operations, it\u2019s a very serious thing, and it probably is a crime. And, yeah, they probably should be indicted,\u201d he said.<\/p>\n<\/div>\n