The investigation comes as President Donald Trump has been pushing relentlessly for consequences for Kelly and five other Democratic lawmakers over a video they made reminding servicemembers of their duty to disobey illegal orders, calling their actions “seditious” and “treason.”

Because Kelly was a senior officer who retired from the Navy, he is required to remain available for recall to the military by law. The other five lawmakers, Sen. Elissa Slotkin, Rep. Jason Crow, Rep. Maggie Goodlander, Rep. Chris Deluzio and Rep. Chrissy Houlahan, are not eligible for recall to a military service.