National Security Leaders for America Statement on Constitutional Governance and Military Law in Support of Senator Mark Kelly

January 14, 2026

Washington, DC, — National Security Leaders for America (NSL4A) today affirms its support for Senator Mark Kelly, a retired U.S. Navy Captain and a sitting member of the United States Senate, who has filed a suit for injunctive relief and a declaratory judgment, claiming that the Department of Defense is trying to censure him by threatening to revisit his retired rank and pay based on his public statements and legislative activity. As reflected in Senator Kelly’s filed complaint, these actions raise serious constitutional, statutory, and due-process concerns that merit careful judicial review.

“Military service personnel have no less First Amendment rights when they take off their uniforms than any other citizen, except perhaps under very limited circumstances proscribed in the Uniform Code of Military Justice.  The actions being taken against Senator Kelly are not under the UCMJ, but are being handled in an administrative process potentially subject to abuse,”  said retired Rear Admiral Mike Smith, founder and President of NSL4A. “Retired officers swore an oath to the Constitution of the United States—an oath that does not expire with retirement, nor yield to political pressure.”

At issue is not partisan politics. At issue is whether the Executive Branch may use military administrative mechanisms to punish a Member of Congress—and a retired officer—for speech and oversight activity that fall squarely within the First Amendment and the Article I responsibilities of the Legislative Branch.

As NSL4A stated on November 25, 2025, the obligation of U.S. service members to follow lawful orders and refuse unlawful ones is a bedrock principle of American civil–military law, grounded in the Constitution and reinforced through military training, statute, and long-standing practice.

The use of censure and retirement-grade review through an administrative process raises fundamental questions of fairness, due process, proportionality, and constitutional balance. Such actions risk chilling lawful expression, weakening congressional oversight of the armed forces, and eroding the long-standing norm of an apolitical military subordinate to civilian constitutional authority.

We therefore call for restraint by all parties, respect for constitutional boundaries, and deference to the judicial process now underway. The strength of the United States has always rested not only on its military power, but also on its commitment to constitutional governance, civilian oversight, and the protection of fundamental freedoms—even, and especially, when those freedoms are exercised by critics.

NSL4A stands with Senator Kelly in defense of those principles.