The Navy has formally submitted a report to the Pentagon outlining potential disciplinary actions against Sen. Mark Kelly, D-Ariz., a retired Navy captain, in connection with a November video in which he and five other Democratic lawmakers told troops to resist “illegal orders” from the White House.
The report, ordered by the War Department and referred to the Navy for review, was sent to the Pentagon’s Office of General Counsel, which is now “providing a legal review and input,” The Hill reported.
In a Dec. 11 statement to the outlet, a spokesperson for Kelly said, “It defies belief that with all of the threats facing our country, [War Secretary] Pete Hegseth initiated this ridiculous process to try to intimidate Senator Kelly for saying something Pete Hegseth himself has said repeatedly.”
According to the spokesperson, Kelly was never contacted or notified about the report. The spokesperson added that Hegseth and President Donald Trump “could do themselves a big favor and learn about our country’s history, the Constitution, and the rule of law.”
The controversy stems from a Nov. 18 video featuring Kelly alongside five other Democratic lawmakers: Sen. Elissa Slotkin, D-Mich., Rep. Chris Deluzio, D-Pa., Rep. Chrissy Houlahan, D-Pa., Rep. Maggie Goodlander, D-N.H., and Rep. Jason Crow, D-Colo. In the video, the lawmakers told military personnel they “can” and “must” refuse unlawful commands.
Though the lawmakers did not reference any specific orders, the video was widely seen as calling on military personnel to adopt an attitude of insubordination and suggesting the Trump administration gives or plans to give illegal directives to servicemembers.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the six lawmakers said.
They later added, “Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders.”
The video drew strong reactions from several Republicans, including Trump, who swiftly condemned the video in a series of social media posts and called for the Democrats’ arrest, CatholicVote reported.
The Pentagon stated Nov. 24 that it had ordered the Navy to complete a “thorough review” of “serious allegations of misconduct against Captain Mark Kelly” it had received. The directive set a Dec. 11 deadline for the Navy’s findings, according to The Hill, and asked whether Kelly’s conduct as a retired officer could warrant penalties under federal law.
In a statement posted to the Department of War’s social media account, the department cited 10 U.S.C. § 688, a statute that allows the defense secretary to recall retired service members to active duty for disciplinary action, including court-martials.
“All servicemembers are reminded that they have a legal obligation under the UCMJ [Uniform Code of Military Justice] to obey lawful orders and that orders are presumed to be lawful,” the statement said. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Kelly has pushed back on the probe, characterizing the investigation as political retaliation.
“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,” Kelly said in November, according to The New York Times. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”