On Tuesday, several Democratic members of the Senate Armed Services Committee expressed their unease with Secretary of the Navy, John Phelan, concerning the Navy’s decision to review Senator Mark Kelly, a former Navy Captain and current committee member.
This critique follows a request from Defense Secretary Pete Hegseth for Phelan to look into Kelly regarding possible ‘unlawful actions.’ This inquiry was sparked after the Arizona senator appeared in a video alongside five other military and intelligence veterans, where they informed service members that it is their right to refuse illegal orders, as mentioned in a memo the Pentagon shared on social media.
In the memo, Hegseth has asked to be updated on the review’s findings by December 10.
The letter, which has been made public by ABC News, sees all committee Democrats, excluding Kelly, denouncing the review’s legitimacy.
Hegseth seeks a review of Senator Kelly for ‘potential unlawful actions’
The senators expressed in their letter, “We assert that this ‘review’, along with the associated social media communications from the Department of Defense announcing a ‘through review’ of Senator Kelly’s actions, is frankly inappropriate. It undermines the principle of separation of powers put in place by our Founding Fathers, appears to be politically motivated, and threatens legal actions undertaken by an elected Senator while also politicizing our military justice system.”
In their letter, those Democratic senators warned Phelan that “the notion of disciplinary measures against a current sitting Member of Congress, particularly for just stating the law as it is delineated in the UCMJ and the Manual for Courts-Martial, could potentially set a very alarming precedent.unschlageesan
Senator Kelly criticizes Hegseth, calling him ‘totally unqualified’ after he’s mocked over medal displays.
The letter dismissed the environmental review conducted as nothing more than a “baseless and deeply political endeavor,” arguing it truly infringes upon the separation of governmental powers
They highlighted that “Senator Kelly has been elected twice by the residents of Arizona to represent them in the Senate. That the Department would move to challenge or undermine the will of Arizonans presents a direct challenge to our democracy.”
The senators voiced their doubts regarding the impartiality of this entire review process, highlighting social media expressions from Trump and Hegseth, asserting that those posts have made a fair process unfeasible.
Following the video’s release in November, Trump reacted boldly on social media, labeling the video as indicative of “SEDITIOUS BEHAVIOR, subject to DEATH PENALTY!” Though the Trump Administration later rejected the idea that this was a direct threat against the lawmakers.
The senators pointed out that explosive statements like these, coupled with Hegseth’s direction concerning the briefing of outcomes by December 10, exemplify a blatant misuse of power aimed not just at compromising military justice, but also at unsettling, intimidating, and silencing a sitting U.S. Senator on purely political grounds.
Kelly has responded to the review request, making it clear during a press conference that he refuses to be intimidated. “I won’t let this president scare me into silence; I’ve given too much for this country to back down now,” Kelly declared.
FBI looks to interview several members of Congress involved in video regarding service members disobeying unlawful orders
Lastly, the Democratic senators underlined in their correspondence that an audit of Kelly suggests “deep legal issues” regarding his constitutional rights under various statutes.
They emphasized, “The fundamental integrity of our military and its justice system in upholding the Constitution and law is crucial for our nation.”
ABC News has sought comment from Secretary Phelan.
Contribution to this report by Ivan Pereira of ABC News.
