The Department of War confirmed on Monday that it has escalated a preliminary review of U.S. Sen. Mark Kelly (D-Ariz.), a retired U.S. Navy captain, to a command investigation. The investigation comes after the Democrat senator recorded a video alongside five other Democrat lawmakers urging U.S. military members and intelligence officials to “refuse illegal orders” allegedly given by President Donald Trump.
In a statement to independent journalist Breanna Morello, an anonymous War Department official said, “The Office of the Secretary of War, in conjunction with the Department of War’s Office of the General Counsel, is escalating the preliminary review of Captain Mark Kelly, USN (Ret.), to an official Command Investigation.”
“Retired Captain Kelly is currently under investigation for serious allegations of misconduct,” the War Department official added. “Further official comments will be limited to preserve the integrity of the proceedings.”
Last month, Kelly, Sen. Elissa Slotkin (D-Mich.), Rep. Maggie Goodlander (D-N.H), Rep. Chris Deluzio (D-Pa.), Rep. Jason Crow (D-Colo.), and Rep. Chrissy Houlahan (D-Pa.) released a video urging U.S. military members and intelligence officials to defy “illegal” orders from Trump and Secretary of War Pete Hegseth.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the Democrat lawmakers said. “Like us, you all swore an oath to protect and defend this Constitution. 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.”
READ MORE: Videos: Trump admin slams Democrats for urging troops to defy Trump
“You must refuse illegal orders,” the lawmakers added. “No one has to carry out orders that violate the law or our Constitution.”
Following the release of the video, the Department of War announced that it would be reviewing Kelly’s calls for military members to defy the president’s orders. Pentagon Press Secretary Kingsley Wilson told reporters during a press briefing earlier this month that “all options are on the table” with regard to disciplinary action against Kelly.
“We look forward to getting the Secretary of the Navy’s review,” Kingsley added. “And the Secretary of War has been very clear in his statements as well that he takes this extremely seriously, and it is unacceptable.”
On Monday, Kelly released a statement on X, formerly Twitter, criticizing the Trump administration over its investigation.
“It wasn’t enough for Donald Trump to say I should be hanged. It wasn’t enough for Pete Hegseth to threaten me with a court martial,” the Democrat senator wrote. “Now they are threatening everything I fought and served for across twenty-five years in the U.S. Navy– all because I repeated something every service member is taught.”
