The Pentagon is plowing ahead in its investigation of Arizona Democrat Sen. Mark Kelly, who told service members they “can refuse illegal orders.”
“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,” a Department of War official told reporters in a statement Monday.
“Retired Captain Kelly is currently under investigation for serious allegations of misconduct,” it adds.
Kelly retired from the Navy in 2011, having served since the 1980s. He served as a naval aviator during the Gulf War.
Kelly said in a response statement Monday that it “should send a shiver down the spine of every patriotic American that the president and secretary of defense would abuse their power to come after me or anyone this way.”
Kelly drew the Pentagon’s attention when he contributed to a video statement alongside other Democrat lawmakers in which they urged members of the military and the intelligence community to disobey unlawful orders.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the lawmakers state as they each say different parts of a sentence.
“Our laws are clear: You can refuse illegal orders,” Kelly says personally.
Department of War senior legal adviser Tim Parlatore said earlier in December of the investigation, “There’s a range of options here … They could give him a letter of reprimand. They could actually take one of his ranks away in retirement and lower his pension.”
The Department of War has previously said that its actions in Kelly’s case “may include recall to active duty for court-martial proceedings or administrative measures.”
Kelly told reporters in the Capitol on Tuesday in response to the news, “This is just about sending a message to retired service members, active-duty service members, government employees—do not speak out against this president or there will be consequences.”
