Mark Kelly says DOJ’s attempt to indict him over military video ‘is how democracies die’

Mark Kelly emphasized that he and his colleagues acted lawfully, urging military members to follow the law
Sen Mark Kelly accused the Department of Justice under Trump of trying to indict him and other lawmakers over a video discussing lawful military orders (Getty Images)
Sen Mark Kelly accused the Department of Justice under Trump of trying to indict him and other lawmakers over a video discussing lawful military orders (Getty Images)

WASHINGTON, DC: Senator Mark Kelly on Friday, Feb 13, slammed the Department of Justice under Donald Trump for seeking to indict and potentially jail him and other Democratic lawmakers for openly discussing lawful military policy, calling the move a serious threat to the nation’s democratic norms.

Kelly made the remarks during an appearance on CNN’s ‘The Arena,’ responding to questions about reports that a grand jury was convened to consider charges against him after federal prosecutors examined a video in which he and colleagues urged members of the US military to follow legal orders.

Mark Kelly claims what he said was ‘lawful’

Pressed by host Kasie Hunt about whether prosecutors were actively seeking to indict him, Kelly said that the secrecy of grand juries makes it hard to know exactly what the Justice Department is doing.

WASHINGTON, DC - DECEMBER 16: U.S. Sen. Mark Kelly (D-AZ) arrives for a closed door meeting on Capitol Hill on December 16, 2025 in Washington, DC. U.S. Secretary of War Pete Hegseth and U.S. Secretary of State Marco Rubio are headed back to Capitol Hill to speak with lawmakers as questions mount about strikes carried out by the U.S. military on suspected drug boats out of Venezuela ordered by the Trump Administration. (Photo by Chip Somodevilla/Getty Images)
US Sen Mark Kelly (D-AZ) arrives for a closed door meeting on Capitol Hill on December 16, 2025 in Washington, DC (Chip Somodevilla/Getty Images)

Host Kasie Hunt asked, “Are they trying to indict you at a grand jury at this very moment again?”

Kelly said, “They could be. I mean, they don’t share a lot of information with us. Grand juries are secret. The last thing we heard from them was that we were not under investigation. I was not under investigation from DOJ. The next thing we hear, they went to a grand jury.”

“We said something that was lawful,” he added. “We told members of the military basically follow the law. We said something that his Secretary of Defense said repeatedly on camera in 2016, when Donald Trump was running for president, and for that he wants to jail us.”

PHOENIX, ARIZONA - NOVEMBER 07: U.S. Sen. Mark Kelly (D-AZ) speaks at a press conference outside the Arizona State Capitol on November 07, 2022 in Phoenix, Arizona. Jack McCain, son of the late Arizona Republican Senator John McCain, and other state Republicans announced their support for Kelly with one day to go before election day. (Photo by Kevin Dietsch/Getty Images)
US Sen Mark Kelly (D-AZ) speaks at a press conference outside the Arizona State Capitol on November 07, 2022 in Phoenix, Arizona (Kevin Dietsch/Getty Images)

Mark Kelly says DOJ action undermines democratic tradition

“This president tried to put me and my colleagues in prison because we said something he didn’t like,” Kelly said, accusing the Trump administration of targeting lawful political speech. “I mean, this is how democracies die when you start throwing the, who you perceive as your political opponents in and in prison.”

WEST PALM BEACH, FLORIDA - FEBRUARY 13: U.S. President Donald Trump gestures to members of the media after exiting Air Force One at Palm Beach International Airport on February 13, 2026 in West Palm Beach, Florida. The President is spending the weekend at Mar-a-Lago in Palm Beach, Florida. (Photo by Nathan Howard/Getty Images)
President Donald Trump gestures to members of the media after exiting Air Force One at Palm Beach International Airport on February 13, 2026 in West Palm Beach, Florida. The President is spending the weekend at Mar-a-Lago in Palm Beach, Florida (Nathan Howard/Getty Images)

 “And this is not but it’s not just about like me. And I’m not just concerned about, like, what’s going to happen to me. I just kind of feel like I’m the first one through the breach here,” Kelly said.

Republican lawmakers pushed back against Kelly’s claims, standing up for the Justice Department’s independence.

They say prosecutors need room to look into any possible misuse of military policy or anything that might threaten military discipline.

Kelly’s comments have stoked debate over the politicization of the Justice Department and the bounds of free speech for elected officials.

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