U.S. Congressman Kaialiʻi Kahele (D, HI-02) joined U.S. House representatives Jake Auchincloss (D, MA-04), Don Bacon (R, NE-02), Seth Moulton (D, MA-06), and Jimmy Panetta (D, CA-20) in a bipartisan letter to Acting Secretary of Defense Christopher Miller and the Acting Attorney General Jeffrey Rosen raising concerns over the multiple active duty and retired military service members and veterans who are under investigation, or who have been arrested, in connection with their participation in last week’s insurrection at the Capitol on January 6th 2021.
“As veterans and Members of Congress, who have taken the Oath of Office twice over, we have sworn to protect the Constitution and hold accountable our fellow Americans who have served in uniform to the Oaths they themselves have sworn to our country,” the Congressmen wrote in their letter to Miller and Rosen.
In their letter, the Congressmen ask for timely responses to a list of questions that seek to discover administrative and legal tools that could prosecute those who participated in the insurrection; suspend security clearances; affect benefits earned during military service, military base access and installation privileges; and prohibit working for the federal government or any company that does federal government contracting work.
Full copy of the letter follows:
Dear Acting Secretary Miller and Acting Attorney General Rosen,
We write with grave concerns over reports that multiple active duty and retired military service members and veterans are under investigation, or have been arrested, in connection with their participation in the riot and insurrection in the U.S. Capitol last week. As veterans and Members of Congress, who have taken the Oath of Office twice over, we have sworn to protect the Constitution and hold accountable our fellow Americans who have served in uniform to the Oaths they themselves have sworn to our country.
As you know, Section 3 of the 14th Amendment to the Constitution provides that no person may hold civil or military office in the United States, who, having taken an Oath as an officer of the United States to support the Constitution, shall have engaged in insurrection or rebellion against the United States. This provision was enshrined in our Constitution in the Reconstruction Amendments which were adopted in the wake of the Civil War. Our leaders knew then that the security of our democracy requires that service members, veterans, and retirees of the U.S. military should be investigated, convicted, and found guilty if they committed insurrection or rebellion against our country.
Recent news reports have identified retired or discharged service members as being present at the Capitol and taking part in the riot that occurred on January 6, 2021. Additional news reports and security briefings suggest that the threat of insurrection in all 50 states and in the nation’s capital will continue through January 21, 2021. Given the 14th Amendment provision previously referenced, we are concerned about further participation in insurrection or rebellious activities by current or former service members that contravenes the oath we took to protect this country. With this information in mind and as the investigations continue to reveal individuals with a
relationship to the military, we request your prompt answers to each of the following questions:
1. For active duty, National Guard and Reserve service members who are under law enforcement investigation for their role in the riot at the U.S. Capitol on Wednesday,
January 6, 2021, what are the administrative tools available and what are administrative requirements the military service must enact?
2. For retirees who are under law enforcement investigation for their role in the riot at the U.S. Capitol on Wednesday, January 6, 2021 what are the administrative tools available and legal tools available to the military service to recall the retiree and administratively or legally prosecute the individual?
3. For federal contractors (to include those who are veterans and retirees) who are under law enforcement investigation for their role in the riot at the U.S. Capitol on Wednesday, January 6, 2021 what are the administrative tools available and legal tools available to suspend security clearances or employment on contracts?
4. For veterans who no longer have a Military Service Obligation and are not retirees who are under law enforcement investigation and are convicted of a federal crime for their role in the riot at the U.S. Capitol on Wednesday, January 6, 2021, are there any administrative tools available to the military services to adjust their military discharge that could affect benefits earned for military service?