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Law360 (May 4, 2020, 5:38 PM EDT ) A senior House Democrat urged the Pentagon on Monday to provide documents related to the COVID-19 outbreak aboard the USS Theodore Roosevelt and the ship captain's subsequent removal, saying President Donald Trump may have driven the dismissal.
Lawmakers have grown increasingly concerned that the dismissal of Capt. Brett Crozier from command of the aircraft carrier may be politically motivated retaliation for exposing shortfalls in the Navy's response to the coronavirus and unduly influenced by Trump, House Oversight Subcommittee on National Security Chairman Stephen Lynch, D-Mass., said in a letter to Defense Secretary Mark Esper.
"It is critical for Congress to have a complete accounting and thorough understanding of the circumstances that may have left Captain Crozier with no other choice but to send his March 30, 2020, letter to Navy leadership, and the chain of events that led to his relief from duty," Lynch said.
Crozier was relieved of command on April 2 after that letter, urging the evacuation of much of his crew, was leaked to the media. At the time, around 100 sailors on the ship had tested positive for coronavirus — a number that has now increased to more than 1,100, according to the Navy — and the lives of other crew members were at risk, Crozier argued.
Then-acting Navy Secretary Thomas Modly said when removing Crozier that although the captain was "no doubt [doing] what he thought was in the best interests of the safety and well-being of his crew," he had exercised poor judgment by sending his letter using unsecured email and to people outside of his immediate superiors, undermining the Navy's chain of command.
Modly then visited the Roosevelt on April 5, telling the crew in a speech that was itself publicly leaked that if Crozier hadn't believed his letter would be made public, he was "too naive or too stupid to be a commanding officer of a ship like this."
Modly resigned over his comments on April 7, the same day that the National Security Subcommittee first sent a letter to Esper asking for details of the outbreak aboard the Roosevelt and Crozier's removal.
The subcommittee's concerns have only grown since then, Lynch said in his follow-up missive on Monday. He pointed to the current acting Navy Secretary James McPherson's April 29 decision to expand the Navy's probe into the outbreak, despite McPherson and Navy Chief Adm. Mike Gilday having reportedly recommended to Esper the week before that Crozier be reinstated to his command role.
"Given the previous recommendation of acting Secretary McPherson and Admiral Gilday to reinstate Captain Crozier, your delay in providing documents to Congress raises additional questions about potential political interference in military affairs," Lynch said.
Lynch gave the DOD until May 15 to provide copies of communications and other documents related to the COVID-19 outbreak aboard the Roosevelt sent to or from Crozier, Esper, Gilday, Modly and six other Navy or DOD officials.
A representative for the DOD said Monday that, despite Lynch's claims to the contrary, it had responded to his original request for information on April 20.
"With regard to the recent events concerning the USS Theodore Roosevelt, the department will update Congress once the review of the investigation has been concluded," they said.
--Editing by Alyssa Miller.
For a reprint of this article, please contact reprints@law360.com.
