The U.S. Navy has submitted a report to the Department of War’s (DOW’s) top legal office, offering its assessment of the potential case against Sen. Mark Kelly (D-Ariz.) after he and other Democratic lawmakers filmed a video last month advising U.S. military personnel to disobey what they called illegal orders.
“The Navy submitted the report to the DOW’s Office of General Counsel, where they are providing a legal review and input,” a Pentagon official told The Epoch Times on Dec. 11.
While the Pentagon official provided no additional details about the report’s contents, its transmission indicates the Pentagon is actively considering punitive action against Kelly.
The Epoch Times reached out to Kelly’s office for comment about the latest development, but did not receive a response by publication time.
Kelly, a retired U.S. Navy captain and naval aviator with combat missions to his name, joined five other Democratic lawmakers in filming a video released on X on Nov. 18 urging military personnel to refuse what he termed “illegal orders.”
“Our laws are clear; you can refuse illegal orders,” Kelly said in one of his segments of the video.
Other lawmakers in the video included Sen. Elissa Slotkin (D-Mich.), and Reps. Chrissy Houlahan (D-Pa.), Maggie Goodlander (D-N.H.), Chris Deluzio (D-Pa.), and Jason Crow (D-Colo.).
Kelly, Houlahan, Deluzio, Goodlander, and Crow are former military personnel, and Slotkin is a retired CIA officer.
Since its release, members of the Trump administration have argued that the Nov. 18 video was intended to sow insubordination within the military ranks and lead military members to question the legality of their orders.
In the video, the lawmakers did not specify any current orders that may be illegal. However, Democrats have raised legal challenges to recent National Guard deployments in cities throughout the United States. They have also questioned the legality of ongoing lethal U.S. military strikes on alleged drug boats operating in the waters along Central and South America.
On Nov. 24, the Pentagon announced it had “received serious allegations of misconduct” by Kelly, and “a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures.”
The Pentagon issued an additional warning that military retirees remain subject to the Uniform Code of Military Justice (UCMJ) and noted a federal statute that prohibits attempts to interfere with the “loyalty, morale, or good order and discipline of the armed forces.”
“All service members are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A service member’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order,” the Pentagon added.
The same day the Pentagon announced its investigation into Kelly, Secretary of War Pete Hegseth took to X to denounce the video by the six Democratic lawmakers, whom he referred to as the “Seditious Six.”
Hegseth said five of the Democratic lawmakers in the video are not subject to the UCMJ as retirees, but that Kelly still is. Houlahan, Goodlander, Deluzio, and Crow are former military, but not considered “retired,” like Kelly.














