1. United States
2. Ill.
3. Letter

I am writing to urge you to publicly oppose Secretary of Defense Pete Hegseth's administrative action against Senator Mark Kelly for his participation in a video reminding service members of their constitutional duty to refuse illegal orders. This retaliation represents a dangerous attack on free speech and the fundamental principle that our military serves the Constitution, not any individual. Senator Kelly, a retired Navy captain who served for more than two decades, participated in a video with five other Democratic lawmakers discussing the duty to refuse illegal orders. This is not sedition. This is a basic tenet of military law and the oath every service member takes. Hegseth has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f) that would reduce Kelly's retired rank and pension, and issued a letter of censure that includes an apparent threat of criminal prosecution for future similar conduct. The timing and nature of this action is particularly troubling given bipartisan concerns about the legality of recent military operations, including strikes against suspected drug boats in the Caribbean and military deployments to cities over governors' objections. When lawmakers from both parties question whether orders are lawful, reminding service members of their constitutional obligations is not misconduct. It is responsible leadership. Even Mississippi Senator Roger Wicker, the Republican chair of the Senate Armed Services Committee, stated last month that it is not appropriate for the military to punish Kelly. His assessment should carry significant weight given his position and party affiliation. Hegseth's letter claims Kelly was counseling service members to refuse "lawful orders" and "particular operations," but the video made no such specific references. It provided general education about constitutional duties. Punishing a sitting senator and retired officer for this speech sets a chilling precedent that threatens both civilian oversight of the military and the First Amendment rights of veterans. I urge you to speak out against this action and support Senator Kelly's right to remind service members of their oath to the Constitution.