Dozens of former military leaders have backed Arizona Sen. Mark Kelly’s First Amendment lawsuit against the Pentagon, saying Secretary Pete Hegseth’s threats against a retired Navy captain could undermine veterans’ protected speech.
The group includes former Army Secretary Louis E. Caldera, who was appointed by former President Bill Clinton in 1998, and former Navy Secretary Sean C. O’Keefe, who held the post during the administration of President George H.W. Bush.
The group said in an amicus brief filed Jan. 20 in the U.S. District Court for the District of Columbia that “they are deeply concerned about the U.S. government’s actions that sideline honest and thoughtful public engagement by those who serve our country.”
The regiment consists of 41 people and is composed of dozens of retired senior officers including four-star generals and admirals., They were aware of the potential risks of speaking out against President Donald Trump’s administration but believed it was their civic duty to do so, according to legal documents.
“This decision was not taken lightly: the attempt to punish Sen. Kelly demonstrates that publicly expressing disagreement with the secretary of state — even if well-intentioned and supported by facts — can lead to retaliation,” the brief said.
The report called the Pentagon’s actions “extraordinary and unprecedented.” It also said the organization “knows that many fellow veterans eagerly engage in public debate on important and controversial issues but today refuse to do so for fear of official reprisal.”
The Pentagon told USA TODAY on January 20 that it would not comment on pending litigation.
Leader says ‘silencing veterans’ voices’ ‘especially harmful’
The matter stems from a video released by a group of Democratic lawmakers last November in which Kelly said service members “can refuse unlawful orders.” Some interpreted the video as suggesting the Trump administration’s order was illegal, although this was never directly stated.
The Pentagon announced its investigation into Kelly on Nov. 24, citing military regulations and federal law prohibiting interference with “the loyalty, morale, or good order and discipline of the armed forces.”
On January 5, Hegseth announced on social media that he had issued a formal reprimand to Kelly and was taking steps to demote him and retire him.
Kelly responded by vowing to fight for the First Amendment and suing the Pentagon on January 12. “Demoting Kelly based on his post-retirement comments would raise serious constitutional issues under the First Amendment,” the complaint argued in part.
Although Kelly has retired, he still abides by military rules known as the Uniform Code of Military Justice. These codes include prohibited speech that would be constitutionally protected if it were the speech of ordinary people. This includes a ban on “contemptuous” remarks directed at the president, “inappropriate” behavior or other behavior that undermines “good order and discipline” of the armed forces.
But experts previously told the USA TODAY Network affiliate The Arizona Republic that the nature of Kelly’s comments and his status as a retiree could have ramifications in court.
Beau Tremitiere, a consultant and deputy impact director at Protect Democracy, said on Jan. 20 that trying to silence veterans is “not only illegal, it’s un-American.”
“When those with first-hand expertise are able to speak out and inform public debate on issues involving our military and defense, our national security is strengthened, not weakened,” he said.
The military leaders’ brief said that allowing the Pentagon to punish Kelly for his remarks would “chill public engagement among veterans across the country,” adding that “silencing veterans’ voices would be particularly harmful — depriving the public of an experienced and informed perspective on issues critical to national security.”
Whose name was mentioned in the briefing?
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Former Secretary of the Army Louis E. Caldera
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Former Secretary of the Navy Sean C. O’Keefe
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Admiral C. Steve Abbot, U.S. Navy (Ret.)
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Adm. Thad W. Allen, U.S. Coast Guard (Ret.)
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Admiral Dennis C. Blair, U.S. Navy (Ret.)
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Gen. George W. Casey, Jr., U.S. Army (Ret.)
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Gen. Michael V. Hayden, U.S. Air Force (ret.)
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Admiral Gregory G. Johnson, U.S. Navy (Ret.)
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Admiral John B. Nathman, U.S. Navy (Ret.)
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Admiral William A. Owens, U.S. Navy (Ret.)
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Lieutenant General Donald C. Arthur, U.S. Navy (Ret.)
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Lieutenant General Michael T. Franken, U.S. Navy (Ret.)
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Lieutenant General Walter E. Gaskin, U.S. Marine Corps (Ret.)
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Lt. Gen. Claudia J. Kennedy, U.S. Army (Ret.)
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Lt. Gen. Charles P. Otstott, U.S. Army (Ret.)
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Rear Admiral (first half) William D. Baumgartner, U.S. Coast Guard (Ret.)
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Maj. Gen. Richard T. Devereaux, U.S. Air Force (Ret.)
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Maj. Gen. Paul D. Eaton, U.S. Army (Ret.)
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Rear Admiral (first half) F. Stephen Glass, U.S. Navy (Ret.)
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Maj. Gen. Jonathan S. Grashen, U.S. Air Force (ret.)
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Rear Admiral (first half) Donald J. Guter, U.S. Navy (Ret.)
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Maj. Gen. Richard S. Haddad, U.S. Air Force (ret.)
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Major General Irving L. Halter, Jr., U.S. Air Force (Ret.)
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Rear Admiral (top half) Janice Hamby, U.S. Navy (Ret.)
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Maj. Gen. Dennis Leitch, U.S. Army (Ret.)
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Maj. Gen. Steven J. Lepper, U.S. Air Force (ret.)
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Maj. Gen. Randy E. Manner, U.S. Army (ret.)
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Maj. Gen. Frederick H. Martin, U.S. Air Force (Ret.)
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Rear Admiral (first half) David R. Oliver, Jr., U.S. Navy (Ret.)
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Maj. Gen. Antonio Taguba, U.S. Army (Ret.)
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Maj. Gen. F. Andrew Turley, U.S. Air Force (ret.)
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Brigadier General Clara Adams-End, U.S. Army (ret.)
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Rear Admiral (lower half) James A. Barnett, Jr., U.S. Navy (Ret.)
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Brigadier General Bela J. Chain, Jr., U.S. Army (Ret.),
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Rear Admiral (lower part) Jay A. DeLoach, U.S. Navy (Ret.)
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Brigadier General John W. Douglas, U.S. Air Force (ret.)
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Brigadier General Robert J. Feldman, U.S. Army (Ret.)
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Rear Admiral (lower part) Charles D. Harr, U.S. Navy (Ret.)
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Brigadier General David R. Owen, U.S. Army (Ret.)
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Rear Admiral (lower part) Harold L. Robinson, U.S. Navy (Ret.)
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Brigadier General John M. Schuster, U.S. Army (Ret.)
Contributor: Tyler Seeley
Brianna Frank is USA TODAY’s First Amendment reporter. Contact her: bjfrank@usatoday.com.
USA TODAY’s coverage of First Amendment issues is funded through a partnership between Freedom Forum and its journalism funding partners. The funders did not provide editorial input.
This article originally appeared on USA TODAY: Dozens of former military leaders defend Mark Kelly in Pentagon battle
