Pentagon says it's "escalating" Kelly review to "official" investigation
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Sen. Mark Kelly (D-Ariz) at the U.S. Capitol in November. Photo: Bill Clark/CQ-Roll Call, Inc/Getty Images
The Pentagon said Monday it is "escalating" a "preliminary review" into "serious allegations of misconduct" leveled against Sen. Mark Kelly (D-Ariz.), a retired naval officer, after he clashed with President Trump.
The big picture: A Pentagon spokesperson said in an emailed statement that Kelly now faces "an official Command Investigation" following his appearance in a video with five other Democratic lawmakers last month reminding military and service members they could disobey unlawful orders.
What they're saying: Kelly said in response to the Pentagon's announcement 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."
- He added: "Now they are threatening everything I fought and served for across twenty-five years in the U.S. Navy — all because I repeated something every service member is taught."
- The Pentagon spokesperson declined to comment further in the Monday evening statement on details of the investigation, saying: "Further official comments will be limited to preserve the integrity of the proceedings."
State of play: Kelly's attorney Paul Fishman said in a letter sent to Navy Secretary John Phelan Monday there is no basis for any proceeding against Kelly and any such attempts would be "unconstitutional and an extraordinary abuse of power."
- Jacob Peters, a spokesperson for Kelly, told Axios the letter was sent to Phelan before his team heard about the escalating investigation.
- "If the Executive Branch were to move forward in any forum criminal, disciplinary, or administrative-we will take all appropriate legal action on Senator Kelly's behalf to halt the Administration's unprecedented and dangerous overreach," Peters added.
Context: Trump accused Kelly and the other five lawmakers of "SEDITIOUS BEHAVIOR, punishable by DEATH" after the video featuring Kelly went live in late November.
- Defense Secretary Pete Hegseth and the Pentagon previously pointed to a federal law that prohibits intentionally encouraging U.S. troops to disobey orders or undermine military discipline, which can carry penalties of up to 10 years in prison.
Read attorney Paul Fishman's letter in full, via DocumentCloud:
Go deeper: Democrats express concern over Sen. Mark Kelly review after Trump blast
