Democratic Sen. Elissa Slotkin of Michigan has declined a voluntary interview with the U.S. Department of Justice regarding a 2025 video she and several Democratic lawmakers released urging military personnel to refuse “illegal orders.” The video, which called on service members to adhere strictly to lawful directives, has been the subject of an inquiry initiated by federal prosecutors and the FBI, according to AP News.

Slotkin’s legal counsel, former U.S. Attorney Preet Bharara, confirmed in letters to both Attorney General Pam Bondi and U.S. Attorney Jeanine Pirro that the senator would not participate voluntarily and demanded the immediate termination of the investigation. The correspondence also requested preservation of all related documents in anticipation of possible litigation.

“I did this to go on offense,” Slotkin said in an interview with the Associated Press, framing her resistance as a defense of congressional independence and constitutional process. “To put them in a position where they have to own their choices of using a U.S. attorney’s office to come after a senator.”

The video at the heart of the dispute featured six Democratic lawmakers — all veterans or former intelligence officials — warning that unlawful military directives should not be followed. Former President Donald Trump publicly denounced the message, accusing the senators of “sedition.” Following his remarks, the Pentagon and FBI initiated contact with those involved, expanding the scope of scrutiny.

Slotkin told reporters that after her office and family were targeted by threats, including a bomb threat to her Michigan farm and nighttime “swatting” of her parents, her approach shifted. “It’s not gonna stop unless I fight back,” she said. The senator also indicated she is weighing legal action against the Justice Department if the probe continues.

Slotkin’s defiance marks a rare moment of open confrontation between a sitting senator and federal prosecutors, raising questions about how far the Justice Department will pursue an inquiry involving sitting members of Congress amid an election season. The department has maintained that its requests have been voluntary, not compelled.

Slotkin has signaled she may reconsider her position if formally subpoenaed, but stopped short of committing to compliance. Meanwhile, other lawmakers who appeared in the video, including Arizona Sen. Mark Kelly, face similar inquiries. Slotkin and Kelly have both seen a surge in political fundraising and national attention since the controversy erupted.

The Justice Department and White House have not commented publicly on whether the investigation will proceed.

Update

A federal grand jury in Washington, D.C., has declined to indict any of the Democratic lawmakers involved in the “illegal orders” video, according to the Associated Press via KGW. The decision effectively ends the prospect of criminal charges stemming from the Justice Department’s inquiry into the 2025 video, which featured senators urging military personnel to reject unlawful commands.

The refusal to indict represents a major development in the dispute, which had raised constitutional questions about congressional speech and executive power. Legal analysts note that the outcome may reinforce protections for lawmakers communicating about constitutional and military issues within their official capacities.

Slotkin’s office has not issued a formal statement following the grand jury’s decision, though aides indicated relief that the threat of charges has been lifted.

New Developments

Following the grand jury’s decision, Democratic senators took to the floor of the Senate to condemn what they described as a dangerous attempt by the Justice Department to criminalize constitutionally protected speech. According to the Associated Press via MyNorthwest, Sen. Brian Schatz of Hawaii said, “The fact that they failed to incarcerate a United States senator should not obviate our outrage. They tried to incarcerate two of us,” warning that the Senate itself could not survive without bipartisan defense of its members’ rights.

Sen. Chris Murphy called the episode a test that “could break this institution permanently,” while Senate Democratic leader Chuck Schumer said that if former President Trump “believes that he can even attempt to jail senators over speech he dislikes, then the First Amendment is no longer a basic right.”

Earlier the same day, Sens. Slotkin and Kelly welcomed the grand jury’s refusal to indict, praising what Slotkin described as “a group of anonymous Americans [who] upheld the rule of law.” Both senators confirmed that they have sent a letter to the Justice Department requesting written confirmation that the investigation has been formally closed.

Senate Majority Leader John Thune, a Republican, noted that the case “didn’t withstand the scrutiny of a grand jury” and “was not going anywhere.” However, on the House side, Speaker Mike Johnson said in a televised interview that he still believes the lawmakers “probably should be indicted,” suggesting deeper divisions between chambers and parties over the video’s implications.

The confrontation has become a flashpoint for congressional speech rights and the separation of powers, with legal and political observers describing the failed indictments as a significant setback for the Justice Department and a reaffirmation of lawmakers’ constitutional protections.

Sources: AP News; Politico; KGW/AP; MyNorthwest/AP.