War Department refers Sen. Mark Kelly for review after “illegal orders” video

The U.S. Department of War has referred Sen. Mark Kelly for review over potentially unlawful comments after he appeared in a video urging military and intelligence personnel to refuse illegal orders, according to a newly released memo.

The memorandum, released on Tuesday and signed by Secretary of War Pete Hegseth, directs the Secretary of the Navy to review comments Kelly made in the video.

The document states that the department received information about “potentially unlawful comments” and is forwarding the matter for “review, consideration, and disposition as you deem appropriate.” Hegseth asked for a briefing on the outcome by Dec. 10.

The War Department announced Monday that it had opened a formal review to determine whether Kelly, a retired Navy officer, could be recalled to active duty for possible court-martial or administrative action.

The memo comes amid escalating criticism from Hegseth, who has accused Kelly of undermining military discipline by appearing in a video in which he and five other Democratic lawmakers urged service members and intelligence personnel to refuse illegal orders.

Earlier Tuesday, responding to a photo of Kelly displaying his Navy uniform and medals, Hegseth said, “not only did your sedition video intentionally undercut good order & discipline… but you can’t even display your uniform correctly… When/if you are recalled to active duty, it’ll start with a uniform inspection.”