Leader Schumer Floor Remarks Condemning The Justice Department’s Chilling Attempt To Indict Six Democratic Members Of Congress For Exercising Free Speech

Washington, D.C. - Senate Democratic Leader Chuck Schumer (D-N.Y.) today spoke on the Senate floor to condemn the Justice Department's attempt to indict six Democratic members of Congress who used their First Amendment rights to remind American military members of their duty to the Constitution. Below are Senator Schumer's remarks, which can also be viewed here:

Yesterday, something happened in America that should send a chill down the spine of every American. A grand jury rejected the Justice Department's attempt to indict six Democratic lawmakers over a video they posted telling military members not to follow illegal orders. The President of the United States tried to use prosecutors to silence the free speech of sitting elected lawmakers - because he didn't like what they said. That is a line no President, no President in modern American history has ever crossed.

The video in question broke no laws-it simply urged members of our military to refuse unlawful orders - to honor the Constitution above any individual. What these members of Congress said was not radical. It's embedded in the oath every service member takes. The only "crime" committed here was refusing to bend the knee of Donald Trump. And when this administration tried to dress up retaliation as prosecution, a grand jury of Americans rejected it.

Today, I just want to say how proud and grateful I am for my colleagues Senators Slotkin and Kelly, as well as Representatives Crow, Deluzio, Goodlander, and Houlahan. The entire Democratic caucus is proud of them-proud of their courage, their poise, their loyalty to our democracy and to our constitution. Senate Democrats will not let this witch hunt go unanswered. The American people deserve to know whether prosecutorial power was misused-abused-for political ends.

And I say to my Republican colleagues: if the executive branch can merely attempt to prosecute members of the legislative branch for simply exercising free speech, that is not a Democratic problem or a Republican problem. It is a constitutional crisis. If Republicans believe in the Constitution-if they believe in separation of powers-now is the moment, if there ever was one, to prove it.

Yesterday, the Constitution held-because ordinary citizens in a grand jury upheld it. They upheld it when this administration refused-and when Senate Republicans remained silent. But we should not confuse failure with intent. Yes, this indictment failed-but the mere fact that it was even attempted is alarming. This indictment was a test. A test of whether federal prosecutors could be weaponized to become political henchmen. A test of whether dissent could be smeared as criminality. A test of whether fear could suffocate freedom. The test should make our bones tremble.

Today it was six Democrats. Tomorrow it could be anyone. Because if a President believes he can even attempt to jail Senators over speech he dislikes, then the First Amendment is no longer a basic right. It becomes a privilege-one that some Americans get to have and other don't, depending on their political views. And what would that mean for every journalist, every protester, every citizen who dares to dissent? It would mean more jailings, more investigations, more masked agents beating up unarmed peaceful protestors in the streets. It's happening already and if we don't halt it it's going to get worse. The First Amendment is not optional. It doesn't depend on your political views. And it is not subject to the personal sensitivities of any President.

Finally, the failure of this indictment does not erase what it represents: a President willing to test whether the criminal justice system can be weaponized against his political opponents. Something that, if he succeeded, would stab a dagger through the heart of this democracy and all it represents. The Founders wrote our constitution precisely to prevent the kind of abuses Donald Trump and his Justice Department are doing. Thank God, thank God that today that the Constitution held firm, but we cannot always assume that will be the case if we aren't willing to defend it.

So I am proud of Senators Kelly and Slotkin. I am proud of Representatives Crow, Deluzio, Goodlander, and Houlahan. They stood by their oath. Now this chamber must stand by ours. It's a very good thing that these indictments failed, but these indictments go way beyond six members of Congress recording one video.

Donald Trump has declared war on free speech in America. The wellspring of our democracy, free speech. And he's using the vast powers of the federal government to go after anyone who tries to stand up to him.

To my Republican colleagues: silence, in moments like this, is not neutrality. It is permission. It is submission. It is acquiescing to the possibility that our democracy may be dying.

###