Pentagon Investigation Of Kelly Threatens Democracy
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The Pentagon is investigating Senator Mark Kelly for a public message reminding service members that they must refuse illegal orders. This message is protected by the First Amendment, and using military pressure against a sitting senator for lawful speech is a serious threat to our democracy. I am asking you to take a stand against this overreach.
Senator Kelly’s message is protected by the Constitution
Senator Kelly spoke about a basic legal principle: service members must follow only lawful orders. Explaining this duty is not misconduct. It is political speech on an issue of public importance, and the First Amendment does not allow the government to punish someone for expressing a viewpoint grounded in law and the Constitution.
The Pentagon cannot use military rules to silence a senator
Although Senator Kelly is a retired Navy officer, he now serves in Congress. The executive branch cannot use military authority to intimidate or silence a sitting senator. Congress oversees the military, not the other way around. Any attempt to recall him to active duty for his public comments is an abuse of power and a grave threat to the separation of powers that protects our system of government.
This investigation discourages honest communication
If the Pentagon can target one senator for a clear and lawful message about the responsibilities of service members, others may become afraid to speak openly. This kind of fear weakens the ability of Congress to warn the public about unlawful actions and undermines the checks and balances that are essential to a free society.
Congress must act to protect its own independence
I urge you to speak out in support of Senator Kelly, to call for immediate public hearings, and to require the Secretary of Defense and other officials to testify under oath about how this investigation began. Congress must make it clear that the military cannot be used to pressure or intimidate elected officials for performing their constitutional duties.