Letters from an American — January 12, 2026 (Abridged Summary)

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In this episode, Heather Cox Richardson examines the escalating conflict between the Trump administration’s Defense Department and Democratic Senator Mark Kelly of Arizona, focusing on issues of military loyalty, the First Amendment, and the accountability of political and military leaders. She dissects recent efforts by Defense Secretary Pete Hegseth to censure and potentially demote Kelly in retaliation for a public warning to military members about the legality of orders under the Trump administration, connecting the episode to broader questions about American democracy, the separation of powers, and the apolitical nature of the military.

Key Discussion Points & Insights

1. Senator Mark Kelly’s Lawsuit Against Defense Officials (00:01–02:40)

• Senator Kelly sues Defense Secretary Pete Hegseth, the Defense Department, the Navy Secretary John Phelan, and associated departments.

  • Cites violations of his First Amendment rights, the speech and debate clause, separation of powers, due process, and specific legal codes for retired officers.
  • “While this sounds complicated, at its heart it's about the attempt of the Donald J. Trump administration to trample Congress and create a military loyal to Trump alone.” (Heather, 01:11)

• Background on Pete Hegseth:

  • Former Fox News weekend host, least experienced Defense Secretary in U.S. history.

2. The Lawmakers’ Video and Executive Branch Response (02:40–05:45)

• On November 18, 2025, Kelly and five other Democratic veteran lawmakers released a video warning:

  • The administration was trying to pit the military and intelligence community against citizens.
  • “You all swore an oath to protect and defend this Constitution… You must refuse illegal orders.” (Video excerpt paraphrased, 03:20)
  • “We need you to stand up for our laws, our Constitution, and who we are as Americans.” (Video excerpt, 04:15)

• White House Deputy Chief of Staff Stephen Miller reacts by accusing the lawmakers of “openly calling for insurrection.”

• Trump reposts social media calls for the lawmakers’ arrest, sedition charges, and even execution.

  • “Hang them. George Washington would.” (Paraphrased from Trump repost, 05:15)

3. Threats of Investigation and Retaliation (05:45–07:55)

• The “Department of War” announces an investigation into Kelly, threatening court martial or administrative measures.

• Kelly’s response is defiant and rooted in his service record:

  • “If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won't work. I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.” (Kelly, 07:10)

• Charlotte Clymer highlights Kelly’s uniquely distinguished military and astronaut career.

4. The Censure and Threats to Kelly's Retirement Status (07:55–09:30)

• Hegseth formally censures Kelly (Jan. 5), calling his advice to refuse illegal orders “conduct unbecoming an officer.”
  • Directs the Navy Secretary to consider reducing Kelly’s retirement grade.
• Kelly reasserts his dedication and warns about the chilling effect for all service members:
  • “Pete Hegseth wants to send the message to every single retired service member that if they say something he or Donald Trump don't like, they will come after them the same way. It's outrageous and it is wrong. There is nothing more un-American than that.” (Kelly, 08:54)
  • “If Pete Hegseth... thinks he can intimidate me with a censure or threats to demote me... he still doesn't get it. I will fight this with everything I've got, not for myself, but to send a message... that Pete Hegseth and Donald Trump don't get to decide what Americans... get to say about their government.” (Kelly, 09:14)

5. Legal and Constitutional Stakes (09:30–10:45)

• Kelly’s lawsuit argues the administration is violating precedent and constitutional safeguards:
  • The executive is punishing Congress for oversight, threatening the separation of powers.
  • The ask: To declare the censure and related actions unconstitutional and preserve military apolitical status.

6. New Revelations on Military Conduct and War Crimes (10:45–11:40)

• Breaking news: NYT journalists report the U.S. military disguised a combat aircraft as a civilian plane in Venezuela (September 2025)—a war crime known as perfidy.
• Legal experts stress such actions "explicitly prohibit feigning civilian status and then attacking.” (Paraphrased from military law, 11:30)
• This context underscores the renewed importance of refusing unlawful orders and upholding legal and ethical standards.

Notable Quotes & Memorable Moments

• “I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.” (Sen. Mark Kelly, 07:10)
• “There is nothing more un-American than that.” (Sen. Mark Kelly, 08:54)
• “If Pete Hegseth... thinks he can intimidate me... he still doesn't get it. I will fight this with everything I've got…” (Sen. Mark Kelly, 09:14)
• “Never in our nation's history has the executive branch imposed military sanctions on a member of Congress for engaging in disfavored political speech.” (Heather paraphrasing lawsuit, 10:00)
• “Shielding your identity is an element of perfidy… If the aircraft flying above is not identifiable as a combatant aircraft, it should not be engaged in combatant activity.” (Retired Major General Stephen J. Leper, 11:25)

Timestamps for Important Segments

• 00:01–02:40: Overview of lawsuit and background
• 02:40–05:45: The lawmakers’ video and the administration’s response
• 05:45–07:55: Threats of investigation; Kelly’s defiance
• 07:55–09:30: Formal censure and threats to Kelly’s pension
• 09:30–10:45: Constitutional implications of Kelly’s lawsuit
• 10:45–11:40: Revelations of military conduct and perfidy (war crimes)

Tone and Style

Heather Cox Richardson maintains her clear, measured, historically grounded style, focusing on explaining legal, constitutional, and ethical stakes, detailing threats to democratic institutions, and emphasizing both the courage of dissenting lawmakers and the dangers of politicizing the military.