Letter to Christoper Miller, Acting Secretary of Defense - Jacobs and Gallego Call on Department of Defense to Investigate Service Members Involved in Capitol Attack

Letter

Acting Secretary Miller:

As you know, hundreds of domestic terrorists stormed the Capitol last Wednesday to stop a core constitutional process and disrupt our Republic's electoral integrity. Current and/or former members of our armed forces may have been among these insurrectionists. In attacking the Capitol, the Congress, and the Constitution that they swore to protect, any current or former military members who may have participated have disgraced themselves and committed serious crimes against the people of the United States. Any such individuals should have the book thrown at them for violating their oaths and duty to the nation.

In that effort, please direct the Department's investigatory agencies to work closely with the Department of Justice and Federal Bureau of Investigation to identify any current members of the military who participated in the attack to charge and prosecute them under all relevant Uniform Code of Military Justice (UCMJ) authorities.

Further, we understand that under certain circumstances, individuals in inactive service may be recalled to active duty to face prosecution. Please use all legal authorities available to the Department, including recall of criminals no longer in active service, to ensure that justice is done, if not in the civilian system, then under the UCMJ.

Finally, in its version of the timeline of events released on January 8, the Department referred to the attack on the Capitol as "First Amendment Protests." As you know, the attack on the Capitol was an insurrection that attempted to subvert the Constitution. Referring to it as a "protest" threatens the Department's credibility.

Sincerely,

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