The US Navy has put forth its suggestions on possible penalties, if any, for Democratic Sen. Mark Kelly regarding his involvement in a video that reminded US service personnel they have an obligation to reject unlawful commands, a Pentagon official informed CNN on Thursday.
Those suggestions have been forwarded to the Pentagon’s Office of General Counsel, “where they are offering a legal evaluation and input,” the official stated.
It was not immediately apparent what suggestions were contained in the document.
A representative for Kelly shared with CNN in a declaration that the senator was “never informed or approached” about the Navy secretary delivering a report at Hegseth’s solicitation and reiterated he will not be deterred by the Defense Secretary [Pete Hegseth] or President Donald Trump.
“It strains credulity that with all of the perils confronting our nation, Pete Hegseth commenced this absurd proceeding to try to unnerve Senator Kelly for asserting something Pete Hegseth himself has voiced repeatedly. Senator Kelly was never informed or approached about this, and it certainly won’t prevent him from performing his duties representing Arizona,” Kelly’s spokesperson commented when questioned about the Navy submitting its recommendations to the Pentagon’s Office of General Counsel.
“Pete Hegseth and Donald Trump could do themselves a considerable service and study our country’s background, the Constitution and the rule of law. He will not be intimidated by them or any other,” the spokesperson added.
Toward the conclusion of last month, Hegseth sought counsel from the Navy Secretary, who oversees the military service Kelly was in for over two decades, on how to proceed to potentially sanction Kelly for taking part in the video, which Hegseth has asserted constituted major breaches of the military’s code of justice.
“I am transmitting this, and any other relevant concerns, for your review, consideration and resolution as you deem appropriate,” Hegseth communicated in a memo to the Navy secretary, dated November 25.
In the video that prompted the Trump administration’s demands for repercussions, six Democratic legislators declared that “risks to our Constitution” are emerging “from right here at home,” and repeatedly urged the military and intelligence community to “defy illegal directives.”
Although the video did not mention what commands service members might be receiving that could potentially be illegal, legislators from both sides have voiced worries repeatedly about the legitimacy of US military actions against suspected drug vessels in the Caribbean and the US military’s stationing in cities over the protest of governors.
Sen. Roger Wicker, a Republican who heads the Senate Armed Services Committee, remarked on Thursday that it is not suitable for the military to attempt to penalize Kelly.
When asked by CNN if it is proper to do so, Wicker shook his head. And following a subsequent query, he responded, “You posed that question to me, and my response is no.”
He declined to give further detail nor state if he would urge Hegseth to cease the effort against Kelly.
The Trump administration has maintained that by highlighting service members’ legal requirement to disregard unlawful orders, Kelly and the other Democratic legislators were encouraging troops to disregard lawful orders. Trump has termed the video “rebellious conduct at the highest level.”
Kelly’s participation in the video is under “scrutiny” by the Pentagon, rather than facing a formal inquiry, which means military police are not involved, a source familiar with Hegseth’s perspective previously informed CNN.
Behind closed doors, Hegseth has been weighing his choices to reprimand Kelly for his involvement in the video, choices that span from demoting the retired US Navy captain’s rank and pension to trying him under military statutes, CNN has reported.
In his various public statements, Hegseth has indicated Kelly’s remarks contravened several articles of the Uniform Code of Military Justice, which outlines legal necessities for those in the armed forces.
In Kelly, Hegseth perceives a detractor worthy of setting an example of, and he could technically utilize the military justice structure to achieve that, the source acquainted with Hegseth’s viewpoint said. Unlike the five other Democrats who appeared in the video, Kelly is a military retiree — meaning he served sufficiently long to receive a pension, and therefore, remains accountable to the UCMJ, including its limitations on freedom of expression, legal authorities advised CNN.
Kelly could be summoned back to active duty and court-martialed because of that standing, but initiating that over his part in the video would be unusual, legal experts noted. That is because not only has the UCMJ mostly been employed in recent years to prosecute former service members who commit offenses abroad outside of US civilian jurisdiction, but also because Kelly is a US senator.
About the Author
