WASHINGTON — The Trump administration must explain to a circuit court before the end of March exactly why it appealed a lower court’s ruling that allows Arizona Democratic Sen. Mark Kelly to keep his retirement rank and pay while a First Amendment case about the “Don’t Give Up The Ship” video plays out.

The U.S. Court of Appeals for the District of Columbia Circuit’s order gives the Department of Justice until March 30 to provide a series of documents in its appeal of the district court’s preliminary injunction.

That ruling, from Senior Judge Richard J. Leon of the District of Columbia District Court, said Defense Department officials, including Secretary Pete Hegseth, erred when trying to apply rules that affect active-duty military members to Kelly, a retired Navy Captain.  

“Secretary Hegseth relies on the well-established doctrine that military servicemembers enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces,” Leon wrote. “Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military. This Court will not be the first to do so!”

Leon was nominated by former President George W. Bush. 

DOD seeks to downgrade Kelly retirement rank

The lawsuit began earlier this year after the Defense Department began proceedings to downgrade Kelly’s retirement rank and pay for appearing in the 90-second video.

The six Democrats, all of whom are former members of the military or intelligence agencies, said in the video they understood the people working in those fields “are under enormous stress and pressure right now.” 

“Americans trust their military. But that trust is at risk,” they said. “This administration is pitting our uniformed military and intelligence community professionals against American citizens.”

They went on to say the “laws are clear” and that illegal orders can and must be refused. The video ended with them saying, “Don’t Give up the Ship,’ a long-held phrase in the U.S. Navy.

The Democrats’ video infuriated President Donald Trump, leading the Defense Department to open an investigation into Kelly.

Justice Department officials also launched an investigation into Kelly, Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan and New Hampshire Rep. Maggie Goodlander.

The Justice Department failed to get a grand jury to indict the lawmakers earlier this month. 

Kelly cites effects on millions of retired veterans

Kelly wrote on social media Tuesday, after the Justice Department filed its appeal on behalf of the Defense Department, that the Trump administration didn’t “know when to quit.” 

“A federal judge told Donald Trump and Pete Hegseth that they violated my constitutional rights and chilled the free speech of millions of retired veterans,” Kelly wrote. “There is only one reason to appeal that ruling: to keep trampling on the free speech rights of retired veterans and silence dissent. I went to war to defend Americans’ constitutional rights and I won’t back down from this fight, no matter how far they want to take it.”

WASHINGTON — U.S. Senate Democrats threw a spotlight Thursday on President Donald Trump’s attempts to yank funds away from minority-serving institutions, as the administration tries to end diversity, equity and inclusion policies in schools.

Hawaii U.S. Sen. Mazie Hirono hosted an unofficial hearing that gathered advocates, leaders, experts and students to sound the alarm on the consequences of cutting funding for the more than 800 MSIs, as they are known, that enroll millions of students of color. Many are from low-income households or are the first in their families to attend college.

Hirono blasted the administration’s broader efforts to end DEI efforts in schools, as well as larger ongoing actions to axe the 46-year-old U.S. Department of Education.  

Trump “has been attacking these programs and is now working to illegally eliminate the programs entirely, not to mention they would like to eliminate the entire federal Department of Education,” she said. 

In September, the department decided to gut and reprogram $350 million in discretionary funds that support minority-serving institutions, over claims that the programs for Black, Asian, Indigenous and Hispanic students and more are “racially discriminatory.”

Soon after, the department moved to redirect $495 million in additional funding to historically Black colleges and universities as well as tribal colleges.

Adding fuel to the fire, the Justice Department issued an opinion in December finding several grant programs for minority-serving institutions to be “unconstitutional.” 

Education Secretary Linda McMahon concurred with that opinion, and the agency said later that month it was “currently evaluating the full impact” of the opinion on affected programs.

‘Plainly cruel’

Mike Hoa Nguyen, associate professor of education and principal investigator for the MSI Data Project at the University of California, Los Angeles, said MSIs are “the backbone of American higher education.” 

Nguyen said these institutions “provide critical pathways to academic opportunity and achievement for millions of students of color, particularly those from low-income households and those who are often the first in their families to go to college.” 

He noted that as a result of the funds being reprogrammed, MSIs have been left “struggling to figure out how to explain the continuity of vital services — services that have been empirically demonstrated to improve student learning, boost academic performance in the classroom and ultimately lead them to graduate.” 

Nguyen added that “these funds are about providing the basic resources so students can learn, grow, succeed and contribute to our society and our economy, and eliminating these resources in general — and in such an abrupt manner — isn’t just misaligned and misguided, it’s plainly cruel.” 

Rowena Tomaneng, president of Asian Pacific Americans in Higher Education, said “essential programs nationwide have been shuttered or destabilized” as a consequence of the yanked funding.  

“These programs are not supplemental — they are essential to closing equity gaps for first-generation and low-income students,” said Tomaneng, whose organization advocates for Asian American and Pacific Islander students, faculty and staff across higher education. 

“Their loss will reverse hard-won gains, widen disparities and weaken institutions that serve as gateways to opportunity,” Tomaneng said. 

Senators send letter to McMahon

The hearing came a week after Hirono, along with Sens. Alex Padilla of California, Bernie Sanders of Vermont, Dick Durbin of Illinois, Cory Booker of New Jersey, Ben Ray Luján of New Mexico and Raphael Warnock of Georgia, led nearly two dozen colleagues in urging McMahon to reverse her department’s decision to unilaterally halt federal funding for MSIs.

“This decision is yet another example of this Administration attempting to circumvent Congress and its obligations to follow the law,” the senators wrote. “Unilaterally deciding that long-standing programs are unconstitutional, absent a ruling from the judiciary, sets a dangerous precedent and disrupts needed support that colleges and students rely on.” 

Meanwhile, Trump signed into law earlier in February a spending package that funds the Education Department at $79 billion this fiscal year.

The measure also “increases funding for all Title III and V programs that support HBCUs, Hispanic Serving Institutions, Tribal colleges, and other minority-serving institutions,” per a summary from Senate Appropriations Committee Democrats. 

Hirono noted that “only Congress can eliminate these programs, and Congress has decided not to do so,” during the hearing. 

“In fact, we provided additional funding for these programs in the fiscal year (20)26 spending bill reiterating our support for them, but of course, the Trump regime doesn’t care about Congress’ priorities,” she said. 

The Education Department did not immediately respond to a request for comment Thursday. 

Wisconsin Attorney General Josh Kaul said that the nearly eight hours of hearings held by the newly established Committee on the Oversight of the Department of Justice this week amounted to “political theater.” 

In a series of hearings Tuesday and Wednesday, the committee, chaired by Senate President Mary Felzkowski (R-Tomahawk), dug into allegations that the DOJ violated state rules when it hired out of state lawyers on contract to enforce the state’s environmental regulations. 

The attorneys were given fellowships to work as special assistant attorneys general through a New York University program tied to former New York Mayor Michael Bloomberg.

The testimony obtained by the committee included input from Wisconsin Manufacturers and Commerce, the state’s largest business lobby and one of the state Republican Party’s most powerful allies, and a dairy farmer who was subject to an enforcement action by the state after he operated his factory farm without a permit for six years. 

The Republican members of the committee said the fellowships presented “troubling” opportunities for a third-party organization to exert partisan influence over the work of the DOJ. Throughout the testimony, Republicans also complained about the specifics of state employment classifications, the timeliness of paperwork filing and previous contributions Bloomberg has made to the Democratic Party of Wisconsin. 

At a press conference Wednesday afternoon, Kaul compared the committee’s work to former Wisconsin Supreme Court Justice Michael Gableman’s widely maligned review of the 2020 election. 

“Increasingly, what we’re seeing are actions from the committee that I would describe as Gableman-esque,” Kaul said. “This is clearly an exercise in political theater, not a substantive exercise, and that’s really unfortunate, because the reality is that we do have serious issues to address on behalf of the people of Wisconsin, and we have progress to make.”

Kaul also questioned how an investigation into outside influence on state government could give the state’s most powerful lobbying organization a multi-hour platform to testify.

“The purported basis for this is to investigate outside influence, and the only outside influence that is going on here is the outside influence on our Legislature,” he said. “Just yesterday, the state’s most powerful lobbying organization got a platform to testify from this Legislature. We did not hear from a single person who was impacted by the harmful pollution, who was there to talk about those harms. So we have a one-sided presentation from the Legislature, and any concerns about outside influence are ones that relate to the actions of the Legislature, not the Department of Justice.”

Republicans on the committee complained that the fellows were paid through the university program while officially being classified by the state as volunteers and that Kaul seeking this outside funding for staff attorneys amounted to an end-run around the Legislature’s authority to decide the department’s budget. 

“If you’re truly a leader of a department, you shouldn’t give up. You seem to believe in certain things, but you’ve given up on trying to help with your own state resources,” Sen. Cory Tomczyk (R-Mosinee) said, asking why Kaul didn’t ask the Legislature for additional money to fund environmental enforcement attorneys. 

Kaul said he’s “confident the current majority will not fund additional environmental positions.” 

Tomczyk also spent a significant chunk of his testimony asking about the timing of DOJ filing paperwork to officially hire the fellows, including when they took their oaths of office and got licensed to practice law in Wisconsin. He compared delays in the oaths being completed with the Tuesday testimony of dairy farmer Phil Mlsna — who missed a filing deadline with the DNR, causing the loss of his dairy farm’s permit.

Felzkowski, a former member of the Joint Finance Committee, has been among the Republicans most hostile to the state’s environmental rules and conservation programs. As a member of JFC, she anonymously held up the Pelican River Forest conservation project and has been heavily opposed to the extension of the Knowles-Nelson Stewardship Grant program. 

Throughout her questioning of Kaul, she argued that funding environmental enforcement is inherently partisan. 

“You want the citizens of the state of Wisconsin to believe this is a non-partisan organization without a personal agenda or their own private agenda,” Felzkowski said. 

Kaul said enforcing the state’s environmental laws is a partisan issue only in that many Republicans don’t believe the government should address climate change. 

“Well, what I would say is that the center is focused on environmental protection issues, and so a lot of it is a question of if you view protecting the environment, addressing climate change, working to protect safe and clean water, as partisan issues or not,” Kaul said. 

Following the hearing’s conclusion, the Republican members of the committee held a press conference to say they’d assess the testimony and release a report. During the press conference, Tomczyk questioned if the DOJ should be “punished” over the fellowship issue. 

“If we’re going to punish a farmer for not having his paperwork done, should the DOJ be punished for not having theirs?” he asked, adding that he has “some ideas” for what the punishment would look like. 

The Democrats on the committee said that after two days of testimony, Republicans couldn’t point to any specific cases in which the fellows’ work on a case was unduly influenced. 

“What was clear from the testimony over the last two days is there was not one, not one example of any legal matter or enforcement action that was worked on by these legal fellows that pointed to any special interest,” Sen. Jodi Habush Sinykin (D-Whitefish Bay), a former environmental attorney, said. “They were working on bread-and-butter environmental enforcement actions pertaining to water quality, CAFO regulation, wetland remediation and the like, everything was what we need as a state to protect our communities.”

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Milwaukee Ald. Alex Brower was aware of fears in his community about immigration enforcement. Like many Wisconsinites, Brower had watched as Operation: Metro Surge in Minnesota led to thousands of arrests, community resistance, and the killings of Renee Good, and Alex Pretti by federal agents and the nonfatal shooting of Julio Sosa Colis. Hundreds of residents packed a town hall Brower held in early February. “People are ready to be engaged,” Brower told the Wisconsin Examiner. “People are just sick of what’s going on.”

On Wednesday, elected officials will host a bilingual ICE awareness community discussion on Milwaukee’s South Side. Earlier this month, Brower and other Milwaukee alders announced a package of local ordinances that aim to prepare Milwaukee for a surge in Immigration and Customs Enforcement (ICE) operations.  

The package would require all ICE agents to be unmasked when interacting with the public in Milwaukee, and prohibit agents from staging raids on county property such as libraries and parks. Ald. JoCasta Zamarripa said that the local push is “an effort to deescalate fear, tensions and confusion,” WUWM reported. Ald. Marina Dimitrijevic said at the alders’ Feb. 11 news conference, “I stand here today to talk about something we can say yes to…You heard a lot of what we’re willing to say no to. We’re going to set the standards high in the city of Milwaukee, the largest city in the state of Wisconsin, that is built on our diversity. It is our strength.” 

Common Council President Ald. Jose Perez joined Zamarripa, Brower, Dimitrijevic, and community members in announcing the package. The proposals will need to be approved by the council, and then head to Mayor Cavalier Johnson’s desk. The Milwaukee Democratic Socialists of America have also been circulating a letter writing campaign to compel the common council to sign the ICE Out package. Over 1,800 letters have been sent so far, with the group’s goal being a total of 3,200 letters.

People in Milwaukee want to see their local government try to do something to protect against abuses by the federal government, even city ordinances could be struck down in court, Brower said. When he asked residents who attended his town hall if they would want local officials to at least try to do something, he told the Examiner, the crowd unanimously yelled “yes!”

“So many people are ready, themselves individually, to take action,” he said, ”either by supporting a mutual aid effort, getting trained to be an ICE verifier, or participating in any sort of picketing or protesting that happens at the site of an ICE abduction. So that’s No. 1 – I heard that almost universally. And then the second thing that I heard was that people want the City of Milwaukee to do everything it can to fight ICE.”

A question for local law enforcement 

As a matter of policy, the Milwaukee Police Department (MPD) does not engage in immigration enforcement. MPD’s policy states that “proactive immigration enforcement by local police can be detrimental to our mission and policing philosophy when doing so deters some individuals from participating in their civic obligation to assist the police.” 

The Milwaukee County Sheriff’s Office — which oversees the county jail — does not hold people in custody for ICE. Prior to the arrest and conviction of former Circuit Court Judge Hannah Dugan, local judges had been debating the creation of a draft policy after several immigration arrests by plain-clothes federal agents at the county courthouse.

Limiting cooperation with ICE is a philosophy shared by some police departments across the country, but not all. Under the second administration of President Donald Trump, more sheriffs and police departments have joined the federal 287(g) program, which deputizes local law enforcement to conduct immigration enforcement. The counties of Waukesha and Washington, which border Milwaukee County to the west and north, both have 287(g) agreements.

For counties that do not want to collaborate with ICE, it’s not clear what can be done to avoid the warrantless searches, mass arrests, and use of force Chicago and Minneapolis have experienced. When asked how police would respond to a Minneapolis or Chicago-style immigration surge, the Milwaukee Police Department said it would rely on its existing policies. Beyond that, however, the department said “we do not have an operation like Chicago therefore cannot provide information about a policy of something that we do not have in our city.”

Brower said that answers provided by MPD officials who attended his town hall did not satisfy community members. “I chimed in as well, sharing with the police department, and with those present, that I believe that MPD should commit to the very least investigating, if not arresting, individuals who break the law,” even if they’re federal agents. 

Back in 2020, when masked and militarized federal agents cracked down on Black Lives Matter protesters in Portland and other cities, then-Milwaukee County District Attorney John Chisholm responded to videos showing people being beaten, sprayed, gassed and arrested by agents who also loaded detainees into unmarked vehicles, saying, “Kidnapping, false imprisonment, unlawful assault, those are crimes.” 

“Those are crimes no matter who commits them,” Chisholm said in 2020, “whether you’re a federal agent or a citizen. You can’t do that, not in the United States, and it won’t be tolerated here.” 

Would a shooting investigation be independent in Wisconsin?

After federal agents killed Good and Pretti within three weeks of each other, local and state officials in Minnesota called for independent investigations. Yet the federal government refused, and even blocked Minnesota state law enforcement investigators from accessing the scenes of the two killings. That lack of cooperation from the federal government continues today, as the FBI refuses to provide access to evidence from the Pretti shooting to Minnesota’s state Bureau of Criminal Apprehension (BCA). 

In a statement reported by the Minnesota Reformer, the state agency’s superintendent Drew Evans said that “while this lack of cooperation is concerning and unprecedented, the BCA is committed to thorough, independent and transparent investigations of these incidents, even if hampered by a lack of access to key information and evidence.” Recently, ICE was also admitted that two of its agents are currently being investigated after giving false statements under oath about the non-fatal shooting of Sosa-Celis. Sosa-Celis originally faced felony charges for assaulting an officer, but those charges have now been dropped. 

Wisconsin state law prevents police from leading investigations into fatal shootings of civilians by members of their own agencies. Passed a decade after the Kenosha Police Department quickly cleared a killing by one of its officers, the Michael Bell law has required that such investigations be led by an agency uninvolved in the death. Local prosecutors then decide whether officers will be charged or cleared. 

Which agency leads the investigation depends on where you are. While the state Department of Justice (DOJ) leads many officer-involved shooting investigations across Wisconsin, sometimes local police departments and sheriffs need to step in. Since 2015, a component of the Wisconsin DOJ known as the Division of Criminal Investigation has investigated 136 killings of civilians by police from Racine to Blue Mounds, New Berlin to Pine River. 

In Milwaukee, however, those sorts of investigations are led by a group of nearly two dozen law enforcement agencies from Milwaukee County, Waukesha and Brookfield, known as the Milwaukee Area Investigative Team (MAIT). The team, which has existed for over a decade, rotates responsibility for investigating officer-involved deaths between its various member agencies. MAIT’s practices, however, have been criticized for being too lenient to officers who kill civilians. 

The Examiner asked both MAIT and the Wisconsin DOJ how an investigation into a shooting by a federal agent would be handled, especially considering that DHS had prevented local agencies from accessing evidence. A DOJ spokesperson said in an emailed statement that “investigations of officer-involved critical incidents should be conducted fully, transparently, and impartially by an independent agency.” The statement added that the state DOJ’s Department of Criminal Investigation “regularly serves in this independent investigatory role and is prepared to investigate if necessary.”

But MAIT will only investigate incidents involving its own members, the team’s appointed commander, Wauwatosa Police Department Lt. Joseph Roy, wrote in an emailed statement to the Examiner. “MAIT is not a department, entity, or unit,” Roy said. Instead, he described MAIT as “a cooperative effort” which has not partnered with any federal agency to date. “Per our bylaws, MAIT is restricted to investigating officer-involved shootings from agencies in the cooperative. While we share a close partnership with our local federal entities, MAIT would not investigate those incidents. That responsibility would lie with the jurisdiction in which the shooting occurred, in coordination with the involved agency.”

If federal immigration agents killed someone within the jurisdiction of a MAIT member agency, such as Milwaukee or Wauwatosa, then that local agency would need to rely on its own resources to investigate, and coordinate with the federal agency responsible for the shooting. 

Although shootings by federal agents are rare in Milwaukee, they’re not unheard of. In 2017, task force officers from the city police departments of West Allis and Milwaukee were working alongside Drug Enforcement Administration (DEA) agents to track down 32-year-old Jermaine Claybrooks as part of a drug investigation. WISN reported that Claybrooks sped away in his vehicle upon realizing that unmarked vehicles were attempting to block him in, crashing into a nearby tree. Officers said that Claybrooks appeared to be armed as they broke out his windows, and fired when they said he pointed a gun. 

Although local media and prosecutors focused on the DEA’s involvement, a DHS agent’s firearm was also inspected by investigators. More recently, DEA agents have supported arrest teams for immigration operations, including the team former Judge Dugan confronted outside her courtroom last year. 

The Claybrooks investigation was handled by an early version of MAIT called the Milwaukee County Suburban Investigations Team, with the Wauwatosa Police Department serving as the lead agency. Later that year, prosecutors decided against charging the officers who shot Claybrooks. Although this earlier iteration of MAIT did investigate a shooting involving federal agents, the team in its current form would not step in. 

Brower said that at the very least, he’d expect MPD to “at least attempt” to conduct a serious investigation. During his town hall, Brower said that law enforcement officials expressed doubts that prosecutors would be able to secure a conviction against federal agents who kill local residents during immigration operations. “OK, that doesn’t mean that they shouldn’t try,” he said. 

A community preparing itself

On Wednesday, local elected officials will host a bilingual ICE awareness community discussion at the Sister Joel Read Conference Center on the campus of Alverno College. Dubbed the “Safety in Numbers: Protecting Our Historically Immigrant South Side” meeting, the discussion will provide residents another opportunity to share their concerns about immigration enforcement, and prepare for a surge in Milwaukee.

“As an immigrant-rich community, the South Side deserves clear, accurate information and reassurance that our local institutions are focused on safety, dignity, and the rule of law,” said Ald. Peter Burgelis. “This meeting is about empowering residents with knowledge, connecting them to trusted resources, and making sure people know they are not alone.” 

County Supervisor Sky Capriolo said in a statement that “community safety starts with transparency and trust.” Capriolo said that “by bringing people together and sharing accurate information, we can reduce fear, combat misinformation, and strengthen our neighborhoods.” MPD Chief Jeffrey Norman, Milwaukee County Sheriff Danita Ball, and representatives from Voces de la Frontera and the Milwaukee Turners will also attend the Wednesday community meeting. 

Tamping down on misinformation has been a growing concern in Milwaukee, with unverified rumors of ICE agents roaming the city having floated around since January. The city and county governments in Milwaukee have also created Know Your Rights resource webpages. 

“Our South Side is strong because of its diversity and deep sense of community,” Zamparripa said in a statement ahead of the Wednesday meeting. “This conversation is about standing together, ensuring residents know their rights, and reinforcing that Milwaukee is a city that values all of its people.” 

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The U.S. Department of Justice, citing evidence inconsistent with its earlier allegations, dropped felony charges against two men accused of assaulting a U.S. Immigration and Customs Enforcement agent before the agent shot one of the men in the leg.

U.S. Attorney Daniel Rosen wrote in a brief Thursday filing that “newly discovered evidence” was found to be “materially inconsistent” with the government’s allegations against Alfredo Aljorna, 26, and Julio Sosa-Celis, 24, about the Jan. 14 shooting in north Minneapolis. The case was dismissed Friday by a district court judge.

Rosen filed a motion for the case to be dismissed with prejudice, meaning that the government will not be able to press the same charges against the men again.

The federal government has significantly shifted the details of what happened since the shooting on Jan. 14. The federal Homeland Security narrative in the immediate aftermath of the shooting incorrectly identified Sosa-Celis as the driver of the car and a subject of a “targeted traffic stop.” The complaint later indicated that the officers mistook Aljorna, who was driving the car, for another Latino man uninvolved in the incident.

At the time of the shooting, Homeland Security Secretary Kristi Noem described the incident as an “attempted murder of federal law enforcement.” Similarly, Noem and other Trump administration officials accused Renee Good and Alex Pretti — also killed by federal officers — as domestic terrorists, though evidence for the allegations never surfaced. Rosen, who was nominated by President Trump to be U.S. attorney in Minnesota, leads an office facing a staff exodus after an ICE officer shot and killed Good last month — at least 14 federal prosecutors have resigned, reportedly in part due to disgust over senior DOJ officials’ handling of the investigation.

Rosen didn’t detail the newly discovered evidence, but noted that the allegations in the complaint were “based on information” presented to FBI agent Timothy G. Schanz, who had said in a sworn affidavit that the ICE agent said that Sosa-Celis and Aljorna repeatedly hit him with a broom and a snow shovel. The ICE agent told the FBI that he then “simultaneously fired” one round towards the men as they began to run toward the house.

Schanz’s affidavit said that law enforcement on the scene were unable to find any bullet holes in the house, though at a hearing, Sosa-Celis’ attorney showed photographs depicting bullet holes through the front door of the duplex and in an interior wall, the Star Tribune reported.

Both men have denied the agent’s account, maintaining that they didn’t attack the ICE agent and that the agent shot Sosa-Celis in the leg through the closed door of their duplex.

The details that have not been disputed by the men or the ICE agent: The agent had shot Sosa-Celis in the leg on Jan. 14 following a car chase and scuffle with Aljorna; ICE agents began the chase when they mistook Aljorna for someone else they were targeting. The shooting happened on the 600 block of 24th Avenue North in north Minneapolis, at a duplex where the two men, both Venezuelan nationals, lived with their partners.

Sosa-Celis’ attorney previously told the Star Tribune that he learned that the officer who shot Sosa-Celis is under investigation for unreasonable use of force.

The two men were released from detention by a judge on Feb. 4 and immediately re-detained by ICE, who took them back to Sherburne County jail, attorney Brian Clark said at the time.

The incident drew over 100 protestors to the scene after the news of the shooting quickly spread. Federal agents deployed tear gas and flash bangs and at least two people were detained by federal agents after someone threw fireworks at the agents; at least two vehicles believed to be used by federal officers were vandalized. At least six people have been arrested and charged for stealing from and vandalizing the federal vehicles, the Star Tribune reported.

WASHINGTON — Democratic members of Congress said Wednesday the Trump administration was using the “authoritarian playbook” when it tried to secure a grand jury indictment against them for releasing a video that reminded members of the military and intelligence communities they can refuse illegal orders. 

Arizona Sen. Mark Kelly and Michigan Sen. Elissa Slotkin said during a joint press conference they don’t expect this will be the last time administration officials seek to punish them for the video. They also expressed frustration and dismay that more Republicans haven’t spoken out.

“This isn’t the judicial system at work,” Kelly said. “It’s not supposed to be a president deciding right out of the gate here that members of the United States Senate should be hanged, calling for our execution. And then, I guess when he realized that was not a good idea, or somebody told him that that’s ridiculous. Then he went with prosecution for something that is in the First Amendment.”

Slotkin, a former CIA officer, said the unsuccessful attempt to convince a District of Columbia federal grand jury to indict her and the other five lawmakers in the video is not something she expected to happen in America.

“If things had gone a different way, we’d be preparing for arrest,” Slotkin said.  

The Department of Justice and the office of United States Attorney for the District of Columbia Jeanine Pirro did not respond to a request for comment. 

No word from Justice Department

Slotkin said she and the other Democrats learned about the attempt to indict them from news articles. The Justice Department didn’t reach out to say what they were trying to charge the lawmakers with or what law they allege they may have violated. 

Kelly noted during the press conference that he is waiting to learn if a federal judge will issue a preliminary injunction, blocking the Defense Department from downgrading his retirement rank and pay as a Navy captain for appearing in the video. 

Kelly, Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander, all Democrats with backgrounds in the military or national security, posted the video on Nov. 18.

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

Trump reaction, DOD investigation

President Donald Trump reacted on social media a few days later, falsely claiming the video represented “SEDITIOUS BEHAVIOR, punishable by DEATH!”

The Defense Department opened its investigation into Kelly later that month and Secretary Pete Hegseth announced in January that officials had started the process to downgrade Kelly’s retirement rank and pay. 

Kelly filed a lawsuit shortly afterward, asking a federal court to block the Defense Department from moving forward and alleging its actions violated his constitutional rights, including the First Amendment. 

House members speak out

The four House Democrats in the video held a press conference of their own in the afternoon, criticizing the Trump administration for seeking a grand jury indictment and hinting at possible legal action of their own. 

“My lawyers just sent a letter today to the Department of Justice, putting them on notice that there will be costs,” Crow said. “We will not just sit back and let them lob false allegations after false allegations at us.”

Crow declined to answer several questions about what exactly he meant and his office did not return a request for details from States Newsroom. 

Houlahan said Trump administration officials do not get to pick which parts of the Constitution they are going to respect and which they are going to ignore, especially when criticized by members of Congress.  

“The First Amendment is not optional. It is not conditional. It does not expire because someone who’s in power is threatened by it,” Houlahan said. “It does, thankfully, limit the power of our government, especially when that power is tempted to punish lawful speech.”

Deluzio said the Trump administration’s actions show they wanted to “throw us in prison for stating the law.”

“I have little doubt that Donald Trump and those around him are willing to abuse their power. We’ve seen it with us, with other perceived political opponents,” Deluzio said. “There has to be accountability and there has to be justice. And I know that all of us will see that through.”

Goodlander said it was “truly sad and it is downright dangerous” that Trump became “so unglued by a cornerstone and completely uncontroversial principle of American law” that illegal orders should not be obeyed.

“A principle of law that was born of the hard-earned, the unparalleled tragedies of the Holocaust. A principle that has always guided us,” Goodlander said. “A principle that makes us who we are as Americans.”

Senate Democratic Leader Chuck Schumer speaks to reporters at the U.S. Capitol on June 17, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — Senate Republicans blocked a Democratic proposal Thursday to sue the Trump administration over allegations that it did not fully release the Epstein files, as mandated under a law unanimously approved by senators and signed by the president nearly three months ago.

Senate Minority Leader Chuck Schumer, D-N.Y., asked for unanimous consent on a resolution compelling the Republican-led Senate to challenge President Donald Trump in court to release more records from the government’s investigation into convicted sex offender Jeffrey Epstein, who died in 2019 awaiting trial on federal sex trafficking charges.

Department of Justice Deputy Attorney General Todd Blanche, Trump’s former personal defense attorney, said Jan. 30 that the department had finished complying with the new law after a final release of 3 million pages, containing 2,000 videos and 180,000 images. In total, the department released about 3.5 million records since the law’s passage.

The latest tranche revealed a global network of numerous men in powerful positions in communication with Epstein.

Late and redacted

The legal deadline to release the files was Dec. 19.

“Fifty days past the deadline, at best, according to the Department of Justice’s own admissions, maybe half of all the available Epstein files have been released,” Schumer said on the floor Thursday morning.

Schumer said that among the records released, many have been “redacted to an absurd degree.”

“This is not what the law requires. This is a mockery of the truth and an insult to the survivors. What makes this all the more sickening is that in over 1,000 instances, the Justice Department failed to follow the law and leaked the identities of over 100 victims. But do you know who the Justice Department did seem to protect? Epstein’s co-conspirators,” Schumer continued.

The minority leader entered into the congressional record a letter he brought along from roughly 20 Epstein victims decrying the “reckless and dangerous” release of victims’ identities.

Senate Majority Whip John Barrasso, R-Wyo., blocked the resolution, chalking it up as “another reckless political stunt designed to distract Americans from Democrats’ dangerous plan to shut down the Department of Homeland Security.”

Barrasso was referring to negotiations underway to fund DHS. Democrats have demanded changes to immigration enforcement tactics after two U.S. citizens were fatally shot by federal agents in Minneapolis, and numerous other U.S. citizens were injured by federal agents during Trump’s surge into blue states.

Sen. Jeff Merkley, D-Ore., criticized Barrasso’s objection on the floor, calling it “morally wrong.”

The White House did not respond to a request for comment.

A DOJ official told States Newsroom in an email that the resolution presented “a tired narrative.”

“Just because you wish something to be true, doesn’t mean it is. This Department produced more than 3.5 million pages in compliance with the law and, in full transparency, has disclosed to the public and to Congress what items were not responsive. I assume all members of Congress read the actual language before voting on it, but if not, our press release and letter to Congress clearly spells this out,” the official wrote, including a link to the department’s Jan. 30 press release.

‘Hunger or thirst for information’

Blanche told reporters on Jan. 30, “There’s a hunger or a thirst for information that I do not think will be satisfied by the review of these documents. There’s nothing I can do about that.” 

He said no information uncovered in the files warranted new prosecutions.

The new law, dubbed by lawmakers as the Epstein Files Transparency Act, required the DOJ to make publicly available “all unclassified records, documents, communications, and investigative materials in DOJ’s possession that relate to the investigation and prosecution of Jeffrey Epstein,” including materials related to Epstein’s accomplice Ghislaine Maxwell. 

Epstein avoided federal charges in 2008 when he pleaded guilty to Florida state prostitution charges, including for the solicitation of a minor. 

A 2007 draft of a federal indictment that laid out more robust charges was among the files released by the DOJ on Jan. 30.