Dear Caucus Members,

​I am writing today about an urgent developing situation.  The current administration’s rhetoric has now shifted into official action, creating a precedent that demands our attention.

​Last week, the Department of Defense officially announced it has initiated a review of misconduct allegations against Senator Mark Kelly, a retired Navy Captain, former Astronaut and combat veteran, to determine if he should be recalled to active duty to face court-martial. Defense Secretary Pete Hegseth stated that Senator Kelly’s participation in a video reminding troops of their legal obligation to refuse “unlawful”  orders brings discredit upon the armed forces. The Pentagon has suggested this standard restatement of the Uniform Code of Military Justice (UCMJ) constitutes a breach of good order and discipline.

​Let’s be clear about what’s happening. A sitting U.S. Senator and retired officer is being threatened with military prosecution for citing the plain text of military law. The UCMJ does not deal in ambiguities regarding this matter. We are trained to obey “lawful” orders, but we are equally obligated to refuse “unlawful” ones. This distinction is the bedrock of our professional military duty because it prevents our forces from becoming tools of lawlessness. Senator Kelly’s statement was an affirmation of this duty, not an act of sedition.

​The threat to recall a retired officer and sitting Senator to active duty for the sole purpose of prosecution over political speech is unprecedented and a disturbing escalation. It suggests the weaponization of the military justice system to silence speech and intimidate those who hold the government accountable to the Constitution. Senator Kelly responded to these threats by stating that if this is meant to intimidate him and other members of Congress from doing their jobs, it will not work, noting that he has given too much to this country to be silenced by bullies.

​As a caucus, we stand with Senator Kelly and reject the characterization of the UCMJ as treason. We know that our oath to support and defend the Constitution has no expiration date, and we will not be intimidated for upholding it.

I encourage you to stay informed and engaged as this situation develops.

Semper Fi,