Senate Democrats on the Armed Services Committee, excluding Sen. Mark Kelly, D-Ariz., sent a letter to Navy Secretary John Phelan urging him to end the review of Kelly's recent conduct, reported The Hill.
Kelly, a retired Navy captain, appeared in a video with five other lawmakers telling service members to refuse "illegal orders."
War Secretary Pete Hegseth said the Pentagon was examining "serious allegations of misconduct" and directed Phelan to investigate "potentially unlawful comments" made by Kelly in the Nov. 18 video.
Hegseth said on X that the military already has procedures for handling unlawful orders and that political involvement creates confusion within the chain of command.
The Democrats' letter called the review "an outright, brazen abuse of power" and described it as a political effort that could discourage lawful actions by elected officials and introduce politics into military justice.
Kelly, along with Sen. Elissa Slotkin, D-Mich., and Reps. Chris Deluzio, D-Pa., Maggie Goodlander, D-N.H., Chrissy Houlahan, D-Pa., and Jason Crow, Colo., addressed active-duty military and intelligence personnel in the video, saying, "Our laws are clear. You can refuse illegal orders."
President Donald Trump responded on Truth Social by calling the lawmakers "traitors" and alleging "SEDITIOUS BEHAVIOR, punishable by DEATH!" in a Nov. 20 post.
Kelly faces being recalled to active duty and could face charges under the Uniform Code of Military Justice.
The Democrats wrote that the idea of disciplining a sitting senator for conduct unrelated to military service, especially for "simply restating the law as articulated in the UCMJ ... sets an incredibly dangerous precedent."
Kelly told attendees at a Dec. 5 town hall in Tucson that he believes Hegseth "is just going to take a hike" regarding any possible court-martial.
Kelly also said he has not been contacted by the Pentagon or administration officials and has only seen the public posts made by Trump and Hegseth.
The senators pointed to those statements as evidence that the review is "baseless and patently political."
Their letter claimed that public comments by Trump and Hegseth make "fair proceedings impossible" despite an official assurance that the review would ensure due process and impartiality.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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