Pentagon Escalates Probe of Sen. Mark Kelly Over ‘Illegal Orders’ Video

The investigation could lead to a court-martial. Kelly’s lawyer said it has ‘no legitimate basis.’

Sen. Mark Kelly (D-Ariz.) speaks at the Democratic National Convention in Chicago on Aug. 22, 2024. Madalina Vasiliu/The Epoch Times

Sen. Mark Kelly (D-Ariz.), a former astronaut and captain in the U.S. Navy, is now facing a “command investigation” into his conduct by the Department of War.

A “command investigation” is a procedure by which a commanding officer conducts an official inquiry into allegations of serious misconduct by a military person, which involves sworn witness testimonies, multiple personnel working on the matter, and the opportunity for the target to submit evidence in response. At the end, a report is prepared by the investigating officer and is used as a basis for action, such as a court-martial.

“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 Capt. Mark Kelly, USN (Ret.), to an official Command Investigation. Retired Capt. Kelly is currently under investigation for serious allegations of misconduct,” a spokesperson for the Department of War told The Epoch Times by email.

On Nov. 18, Kelly and five other members of Congress with military or intelligence community experience released a video exhorting U.S. military personnel to refuse what they called “illegal orders” from President Donald Trump.

“Like us, you all swore an oath. ... Our laws are clear, you can refuse illegal orders,” Kelly says in the video, while Rep. Chris Deluzio (D-Pa.) adds, “You must refuse illegal orders.”

Trump has criticized Kelly on social media for his statement and accused him of treason, as well as suggested that he should receive the death penalty for that alleged crime.

“This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand,” the president wrote on Nov. 20. “Seditious behavior from traitors!!! Lock them up???”

The Department of War, after Trump’s comments, announced that it had initiated a review of Kelly’s record.

Kelly responded to the news on social media.

“We learned the Pentagon is escalating its review of me into ‘an official command investigation.’ If Donald Trump or Pete Hegseth think they can stop me from doing my job and serving the American people, they’ve got the wrong guy,” he wrote on X on Dec. 15.

Kelly is being represented by law firm Arnold and Porter, which wrote a letter to Secretary of the Navy John Phelan defending the senator.

“To be clear: there is no legitimate basis for any type of proceeding against Sen. Kelly, and any such effort would be unconstitutional and an abuse of power,” wrote Paul J. Fishman, Kelly’s attorney.