The Pentagon says it is “escalating” an investigation into Sen. Mark Kelly of Arizona, one of six Democratic lawmakers who recorded a video urging service members to “refuse illegal orders” — a probe that has drawn condemnation from Democrats.The Defense Department, which the Trump administration refers to as the Department of War, said last month it was looking into whether to recall Kelly to active duty so he could face “court-martial proceedings or administrative measures.” A department official told CBS News on Monday that Secretary Pete Hegseth and the Pentagon general counsel’s office were escalating that “preliminary review” to a command investigation, a type of military probe opened by a commander.”Retired Captain Kelly is currently under investigation for serious allegations of misconduct,” the official said. “Further official comments will be limited to preserve the integrity of the proceedings.”Kelly responded in a statement late 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.””If Trump and Hegseth think this will stop me from doing what I’ve done every day of my adult life—fighting for this country—then they’ve got the wrong guy,” the senator said. “Tomorrow, and the next day, I will keep doing my job representing Arizona.” Attorneys representing Kelly sent Navy Secretary John Phelan a letter Monday arguing that “there is no legitimate basis for any type of proceeding against Senator Kelly, and any such effort would be unconstitutional and an extraordinary abuse of power.” Kelly’s legal team will “take all appropriate legal action” if the Trump administration moves forward with any criminal or disciplinary procedures against him, the letter states.The video that sparked the investigation into Kelly features half a dozen lawmakers — all former members of the military or intelligence community — telling current service members: “Our laws are clear: You can refuse illegal orders. … You must refuse illegal orders.”The congressional Democrats said their goal was to bring attention to some uses of the military by President Trump that they view as illegal, like his 2016 suggestion to kill the families of terrorists or his threat — still legally contested — to send troops to Chicago. Experts say members of the military are expected not to follow “manifestly unlawful” orders, though they are required to follow lawful ones. The Trump administration has denied issuing any illegal orders.Mr. Trump called the video “SEDITIOUS BEHAVIOR, punishable by DEATH.” The lawmakers in question condemned his statements, arguing it could lead to violence. Meanwhile, Hegseth argued the message “sows doubt and confusion” in the ranks of the military. Beyond the Pentagon’s investigation into Kelly, the other five Democrats said publicly last month that the FBI opened an inquiry into them. Legal experts told CBS News last month that prosecuting the lawmakers could be extraordinarily difficult.
