The U.S. Navy has completed and submitted a report outlining potential disciplinary outcomes for Sen. Mark Kelly (D-Ariz.) following a recent video in which Kelly and several other Democratic lawmakers urged U.S. service members to refuse any “illegal orders.”
A Defense Department official said Thursday that the report—initiated at the Pentagon and routed through the Navy—has been delivered to the Pentagon’s Office of General Counsel, which is now conducting a legal review and providing guidance.
Kelly’s office sharply criticized the process, arguing it is politically motivated. In a statement, a spokesperson said it is “hard to believe” the review was launched amid broader national security challenges, and accused Defense Secretary Pete Hegseth of trying to pressure the senator for remarks the spokesperson noted Hegseth has made in the past. The spokesperson added that Kelly was not contacted about the report and said the matter would not deter him from his responsibilities, including voting on health care issues and advocating for service members. The statement also urged Hegseth and President Trump to “learn about our country’s history, the Constitution and the rule of law.”
Kelly, a retired Navy captain, previously served as a naval aviator and instructor, and deployed twice to the Persian Gulf.
The Pentagon said in late November it had received what it described as “serious allegations of misconduct” involving Kelly and had begun a formal review. That review came shortly after Kelly and five other Democrats—each with military or intelligence experience—released a joint video reminding service members that unlawful orders should not be followed. The lawmakers did not cite specific orders they believed might be issued.
Hegseth then directed the Navy to complete its review and return it to the Pentagon by Dec. 10.
The video that sparked the controversy included 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 (D-Colo.). The message drew criticism from Republican lawmakers and from Trump.
Since the probe began, Kelly has argued it is intended to intimidate him and others—and said it would fail. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” he said previously.
This week, 12 Democrats on the Senate Armed Services Committee—everyone in the group except Kelly—sent a letter to Navy Secretary John Phelan raising “serious concerns” about the review and urging the Navy to drop it.
Hegseth, for his part, has defended the inquiry, saying the military already has established mechanisms for addressing unlawful orders and does not need political interference that could create confusion within the chain of command.
