Bulwark Takes – Episode Summary
Episode: Sen. Kelly: Trump Wants Me in Jail for Telling the Truth
Date: February 12, 2026
Host: Sam Stein (Managing Editor, The Bulwark)
Guest: Senator Mark Kelly (Arizona)

Episode Overview

This episode features Senator Mark Kelly in conversation with host Sam Stein, discussing the shocking recent revelation that the Trump Justice Department attempted—and failed—to indict him and five other Democratic lawmakers. The conversation examines the implications of this unprecedented move, the chilling effect on free speech, the fragility of constitutional norms, and the muted response from Republican colleagues.

Key Discussion Points and Insights

1. Details of the Indictment Attempt

• Breaking News Context: The Trump Justice Department convened a grand jury to indict six Democratic lawmakers for releasing a video stating, “you don’t have to follow unlawful orders.”
• Indictment Failed: Not a single grand juror voted to indict.
  • Kelly: "It's good to know that just some regular U.S. citizens...understand the Constitution better than the president..." (01:40)

2. Constitutional Crisis and Fragility of Institutions

• Statistical Rarity: Federal grand juries almost always bring indictments when sought.
  • Kelly: “From 2013, there were 165,000 federal indictments. There were five that were unsuccessful. That's 99.997% probability of success.” (02:55)
• Implications of a Successful Indictment:
  • Kelly: “If they throw Alyssa Slotkin and I and four House members in prison because of something we said, we then have a big problem.” (05:40)
  • Raises specter of a full-blown constitutional crisis if the executive branch criminalizes opposition lawmakers.

3. Mixed and Muted Response from Republicans

• Private vs. Public Reaction: Republican Senators privately voice concern but are muted or supportive in public.
  • Kelly: “They say things differently and frame this differently privately than they do in public… Six or seven of them said stuff that were supportive of our position.” (04:47)
• Call for Outrage:
  • Kelly: “They need to do more. They need to, like, step up in a way that actually has an impact.” (05:19)

4. Limits on Congressional Recourse & Power

• Limited Tools in the Minority:
  • Kelly: “Those are tools that mostly exist with the majority…Republicans have those levers.” (06:40)
• Personal Legal Action:
  • Kelly: “I've sued Pete Hegseth because they want to demote me and take away part of my pension…We're waiting for a ruling on a preliminary injunction.” (07:15)

5. Speaker Mike Johnson’s Response

• Mike Johnson’s Endorsement:
  • Stein: “The first reaction from the speaker…was that he supported the effort to indict you…His rationale was that you interfered in some law enforcement operation.” (08:02)
  • Kelly: “He’s clueless…maybe he hasn't watched the video. He should go and educate himself…What he said made no sense—no sense to me.” (08:27)

6. Chilling Effect on Free Speech

• Dissuading Dissent:
  • Stein: “This is speech intimidation. They want to make you think twice before…other lawmakers…speak out against the administration's actions.” (11:17)
• Broader Impact:
  • Kelly: “I've heard from retired admirals and generals that they have already changed what they say publicly and what they do because of this… It has already chilled the speech of people who…have risked their lives [for American values]...” (11:49)
  • Kelly: “If they can go after me as a US senator…they can go after anybody.” (12:16)
  • Kelly: “That’s why, Sam, I cannot…back down from…this corrupt administration. I’ve got to stand up for my rights, for those 2 million retired service members, and for 350 million other Americans...” (12:52)

7. Next Steps and Ongoing Concerns

• No Contact from DOJ:
  • Kelly: “We have not heard from the U.S. attorney's office or the Attorney General's office…” (13:50)
  • Kelly underscores the loss of DOJ independence, stating, “Those organizations are no longer independent. Right. They do the bidding of this president…” (13:57)
• Uncertainty and Vigilance:
  • Kelly and Stein agree the threat is ongoing and not resolved.

Notable Quotes & Memorable Moments

• “They’re trying to take away…rights of free speech, freedom of the press from all Americans, 350 million of us.” — Sen. Mark Kelly (01:43)
• “I think we’re closer to the beginning of this than we are to the end.” — Sen. Mark Kelly (03:34)
• “If the executive branch is trying to throw members of the legislative branch in prison, like, that's not good…This affects all of us.” — Sen. Kelly (10:04)
• “If they can go after me as a US senator…they can go after anybody.” — Sen. Kelly (11:49)
• “That’s why, Sam, I cannot…back down from…this corrupt administration. I’ve got to stand up for my rights…for 350 million other Americans…” — Sen. Kelly (12:52)

Key Timestamps

• [01:31] – Senator Kelly: Recap of how and when he learned about the indictment attempt
• [02:55] – Kelly on the statistical improbability of grand jury refusal to indict
• [03:34] – Potential constitutional crisis and talks with Republican colleagues
• [04:47] – Republican reactions and need for greater outrage
• [06:40] – Limits of Congressional power for the minority
• [07:15] – Personal legal action by Sen. Kelly
• [08:27] – Response to Speaker Mike Johnson’s remarks
• [10:04] – The threat to Senate functionality and all Americans’ rights
• [11:49] – The chilling effect on free speech for military and broader public
• [13:50] – No contact from DOJ, ongoing uncertainty

Tone & Language

The discussion is candid, urgent, and at times incredulous. Senator Kelly expresses both principled outrage and a matter-of-fact commitment to resist what he characterizes as authoritarian overreach. Stein’s questions blend analytical rigor with clear concern for the implications of the DOJ’s actions, resulting in a serious, focused, and occasionally impassioned dialogue.

For listeners seeking a comprehensive, insider’s account of the Trump administration’s attempt to criminalize political speech and the implications for American democracy, this episode is essential.