WASHINGTON, D.C. – Following reports that some active duty and retired military service members were involved in the Capitol attack on Wednesday, Congresswoman Sara Jacobs (D-CA-53) and Congressman Ruben Gallego (D-AZ-7) called on the Acting Secretary of Defense Christopher Miller to work closely with the Department of Justice and the Federal Bureau of Investigation to identify those who participated and prosecute them to the fullest extent allowed by the Uniform Code of Military Justice.
Jacobs and Gallego, who serve on the House Armed Services Committee, wrote to Acting Secretary Miller on Sunday, stating that “any current or former military members who may have participated have disgraced themselves and committed serious crimes against the people of the United States” and that “any such individuals should have the book thrown at them for violated their oaths and duty to the nation.”
Congresswoman Sara Jacobs released the following statement:
“Wednesday’s attack on the Capitol was a failed attempt to overthrow a duly elected branch of government and undermine our democracy. Congressman Gallego and I agree that the Department of Defense must actively and aggressively investigate any potential active duty or retired service members who took part in the violence. Any service member who violated their oath to the Constitution should face the fullest extent of military justice.”
The text of the letter is as follows:
January 10, 2021
Acting Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301-1000
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.
Ruben Gallego - Member of Congress
Sara Jacobs - Member of Congress