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The Pentagon says it is "escalating" an probe into Sen. Mark Kelly of Arizona, 1 of six Democratic lawmakers who recorded a video urging work members to "refuse amerciable orders" — a probe that has drawn condemnation from Democrats.
The Defense Department, which the Trump medication refers to arsenic the Department of War, said past month it was looking into whether to callback Kelly to progressive work truthful helium could look "court-martial proceedings oregon administrative measures."
A section authoritative told CBS News connected Monday that Secretary Pete Hegseth and the Pentagon wide counsel's bureau were escalating that "preliminary review" to a bid investigation, a benignant of subject probe opened by a commander.
"Retired Captain Kelly is presently nether probe for superior allegations of misconduct," the authoritative said. "Further authoritative comments volition beryllium constricted to sphere the integrity of the proceedings."
Kelly responded successful a connection precocious Monday that it "should nonstop a shiver down the spine of each patriotic American that the president and caput of defence would maltreatment their powerfulness to travel aft maine oregon anyone this way."
"If Trump and Hegseth deliberation this volition halt maine from doing what I've done each time of my big life—fighting for this country—then they've got the incorrect guy," the legislator said. "Tomorrow, and the adjacent day, I volition support doing my occupation representing Arizona."
Attorneys representing Kelly sent Navy Secretary John Phelan a missive Monday arguing that "there is nary morganatic ground for immoderate benignant of proceeding against Senator Kelly, and immoderate specified effort would beryllium unconstitutional and an bonzer maltreatment of power."
Kelly's ineligible squad volition "take each due ineligible action" if the Trump medication moves guardant with immoderate transgression oregon disciplinary procedures against him, the missive states.
The video that sparked the probe into Kelly features fractional a twelve lawmakers — each erstwhile members of the subject oregon quality assemblage — telling existent work members: "Our laws are clear: You tin garbage amerciable orders. … You indispensable garbage amerciable orders."
The legislature Democrats said their extremity was to bring attraction to immoderate uses of the subject by President Trump that they presumption arsenic illegal, similar his 2016 proposition to termination the families of terrorists oregon his menace — inactive legally contested — to nonstop troops to Chicago.
Experts accidental members of the military are expected not to travel "manifestly unlawful" orders, though they are required to travel lawful ones. The Trump medication has denied issuing immoderate amerciable orders.
Mr. Trump called the video "SEDITIOUS BEHAVIOR, punishable by DEATH." The lawmakers successful question condemned his statements, arguing it could pb to violence. Meanwhile, Hegseth argued the connection "sows uncertainty and confusion" successful the ranks of the military.
Beyond the Pentagon's probe into Kelly, the different 5 Democrats said publically past period that the FBI opened an inquiry into them. Legal experts told CBS News past month that prosecuting the lawmakers could beryllium extraordinarily difficult.
Alan He and Nikole Killion contributed to this report.
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