The Department of Defense said it had initiated an investigation to "determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures."
"This matter will be handled in compliance with military law, ensuring due process and impartiality," the statement read. "Further official comments will be limited, to preserve the integrity of the proceedings."
Kelly said Monday that he had upheld his oath to the Constitution through his time in the Navy and that his time in the military and at NASA was "in service to this country that I love and has given me so much."
The senator said he heard about the department's review from Defense Secretary Pete Hegseth's post on the social platform X.
"If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won't work," Kelly said in a statement. "I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."
Kelly was one of the six Democratic lawmakers, along with Sen. Elissa Slotkin (Mich.) and Reps. Chris Deluzio (Pa.), Maggie Goodlander (N.H.), Chrissy Houlahan (Pa.) and Jason Crow (Colo.), who addressed U.S. troops in a video last week, telling active-duty military and intelligence personnel to defy any illegal orders from the administration, in light of the U.S. military's ongoing campaign of taking out alleged drug trafficking boats in the Caribbean and eastern Pacific.
Kelly retired from the U.S. Navy with the rank of captain. The senator deployed twice to the Arabian Gulf and has also worked as an instructor at the Naval Pilot School.
Following the joint video, which sparked pushback from their GOP colleagues, President Trump called the group "traitors" and accused them of being guilty of "SEDITIOUS BEHAVIOR, punishable by DEATH!" White House press secretary Karoline Leavitt said after the post that the president wants the lawmakers to face consequences but does not want to execute members of Congress.
Since then, the Democratic lawmakers who were in the video said they have received "disturbing" threats. Vice President Vance argued over the weekend that the Democratic lawmakers violated the law by telling U.S. troops to disobey illegal orders.
The U.S. military has been launching airstrikes on alleged drug-smuggling vessels in waters on both sides of South America, killing at least 83 people whom the administration has called "narco-terrorists."
Democrats and some Republicans have raised concerns about the ongoing operations, questioning the legality of the strikes. The Justice Department has argued in a classified opinion, which was drafted over the summer, that troops involved in the attacks cannot be held liable for them, which began in early September.
The Defense Department said "military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces."
Read the full report at thehill.com.
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