September 14, 2022

The Honorable Lloyd J. Austin III

Secretary of Defense
1000 Defense Pentagon
Washington, D.C. 20301-1000

Dear Secretary Austin,

We are writing to express concern and to raise questions about the use of military
personnel at a recent partisan political event.
On September 1, 2022, President Biden delivered a speech in front of
Independence Hall in Philadelphia, PA. This speech has been described in the press as
“highly political.” The President repeatedly denounced “MAGA Republicans and Donald
Trump” in harsh terms. He said: “Donald Trump and MAGA Republicans represent
extremism that threaten the very foundation of our republic … MAGA Republicans do
not respect the Constitution … They do not believe in the rule of law … They do not
recognize the will of the people … They fan the flames of political violence that are a
threat to our personal rights, to the pursuit of justice, to the rule of law, to the very soul of
this country.”
Mr. Secretary, the President’s words clearly constitute a direct partisan political
attack on “MAGA Republicans.”
In delivering this partisan attack, he was prominently framed by two Marines in
“dress blues.” Standing directly behind him to his right and left at modified parade rest,
they created a dramatic backdrop in front of Independence Hall. Press reports also
indicate the Marine Band was present.
We find it very difficult – if not impossible – to reconcile the President’s partisan
political statements with: 1) the conspicuous presence of the two Marines at center stage
in front of Independence Hall and 2) Department of Defense regulations that prohibit
active duty military personnel from participating in partisan political activity of this
nature.
 For these reasons, we ask the following questions:
• Who authorized the Marines to participate in this event?
• Given strict rules prohibiting such activity, please provide the justification
for their participation?
• Did anyone in the decision chain express opposition or reservations about
allowing military personnel to be used “as political bunting,” as one
observer put it?
• Did General Milley express opposition to the use of military personnel at
this event? We ask the question because of all the criticism generated by the
well-known “photo-op” in Lafayette Square on June 1, 2020, including
from General Milley, who participated. He subsequently apologized,
saying: “My presence in that environment created a perception of the
military involved in domestic politics. It was a mistake.”
• Mr. Secretary, do you think it was wise and appropriate to use Marines in
this way at Independence Hall?
We respectfully request that the answers to our questions be provided in writing
by October 14, 2022, along with all pertinent documentation authorizing participation in
this event.
We urge you to tighten up prohibitions against partisan political activity by
military personnel and to enforce those rules. These rules were put in place for a very
good reason. Partisan political activity breeds polarization. If left unchecked, working
together, they could gradually undermine our nation’s bedrock foundation and guiding
Constitutional principle -- civilian control of the military – and eventually unity among
our fighting forces.
As eight former defense secretaries and five former chairmen of the Joint Chiefs
of Staff stated recently in an open letter, “military and civilian leaders must be diligent
about keeping the military separate from partisan political activity.”
Your cooperation would be appreciated.
Sincerely,

_________________ __________________
Charles E. Grassley Jim Banks
United States Senator Member of Congress