1. United States
2. N.Y.
3. Letter

I am writing to express my strong opposition to the Pentagon's Command Investigation into Senator Mark Kelly and to urge you to take immediate action to halt this dangerous abuse of power. The Pentagon announced on Monday that it is escalating a preliminary review into allegations of misconduct against Senator Kelly, a retired naval officer with 25 years of service in the U.S. Navy. His alleged offense was appearing in a video in late November with five other Democratic lawmakers reminding military and service members that they could disobey unlawful orders. This is something every service member is taught as a fundamental principle of military service and constitutional duty. Following the video's release, President Trump accused Senator Kelly and the other lawmakers of "SEDITIOUS BEHAVIOR, punishable by DEATH." Defense Secretary Pete Hegseth and the Pentagon have referenced a federal law prohibiting intentionally encouraging troops to disobey orders, which carries penalties of up to 10 years in prison. Senator Kelly's attorney, Paul Fishman, sent a letter to Navy Secretary John Phelan arguing that there is no basis for any proceeding against Kelly and that such attempts would be unconstitutional and an extraordinary abuse of power. This investigation represents a chilling attack on free speech and congressional oversight. Lawmakers must be able to remind service members of their constitutional obligations without fear of criminal prosecution or military discipline. The principle that service members can and must refuse unlawful orders is foundational to our democracy and military justice system. I urge you to publicly condemn this investigation and use every tool at your disposal to stop this unprecedented political retaliation. Congress must protect its members from executive branch intimidation and defend the constitutional separation of powers. Senator Kelly's 25 years of honorable service should not be threatened for upholding the oath he took to defend the Constitution.