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A coalition of Democratic lawmakers on one of the most influential committees in Congress has called on Navy Secretary John Phelan to drop the investigation into Senator Mark Kelly.

Some shit you should know before you dig in: Last month, the Pentagon confirmed an investigation into Senator Mark Kelly after he appeared in a video with five other Democratic lawmakers telling active-duty military and intelligence personnel that “our laws are clear, you can refuse illegal orders.” The message, which Kelly argued simply reiterated established military law under the Uniform Code of Military Justice (UCMJ), drew sharp condemnation from President Donald Trump, who labeled the lawmakers “traitors” and accused them of “SEDITIOUS BEHAVIOR, punishable by DEATH!” In response, Defense Secretary Pete Hegseth ordered a formal inquiry, directing Navy Secretary John Phelan to conduct a review into what he described as “serious allegations of misconduct” stemming from Kelly’s comments. Although Kelly is now a sitting US Senator, his status as a retired Navy captain technically subjects him to the UCMJ, giving the Pentagon legal grounds to consider recalling him to active duty for potential court-martial proceedings.

What’s going on now: In a notable development, every Democratic member on the Senate Armed Services Committee (except for Mark Kelly himself) signed a letter to Navy Secretary Phelan urging him to drop the investigation, calling it“an outright, brazen abuse of power.” The senators argued that the probe amounts to “a purely political exercise seeking to threaten legitimate and lawful actions by a duly elected Senator, and politicize our military justice system.” They warned that the investigation into Kelly, for simply restating the legal rights of service members, sets “an incredibly dangerous precedent” and undermines the foundational principle of separation of powers.

The letter also challenged the Pentagon’s claims of impartiality, citing inflammatory public statements from Trump and Hegseth as evidence that “fair proceedings [are] impossible.” The senators wrote, “While the Department’s official statement suggests that the ‘review’ will be conducted ‘ensuring due process and impartiality,’ the President and his subordinates have made fair proceedings impossible.” They further criticized the use of the military justice system to target a lawmaker for political speech, saying the very notion that a sitting US Senator could be subject to military disciplinary action for reiterating existing law was an attack on democracy.

Senator Kelly, while not a signer of the letter, has remained publicly defiant. At a recent town hall in Tucson, he dismissed the investigation as unconstitutional and politically motivated, telling attendees, “They’re not serious people and I’m not backing down.” He added, “I will not be silenced by this president or the people around him because I’ve given too much in service to this country to back down to this guy.”

As of now, there has been no comment from Secretary Phelan or the Pentagon.