Pentagon Escalates Probe of Democratic Sen. Mark Kelly to an 'Official Command Investigation'
Democratic Sen. Mark Kelly of Arizona is facing further Pentagon scrutiny for his participation in a video that urged members of the military to disobey what Kelly and other Democrats called illegal orders.
Kelly and Democratic Sen Elissa Slotkin of Michigan were joined by House Reps. Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire, Chrissy Houlahan of Pennsylvania, and Jason Crow of Colorado, all of whom identified themselves as veterans of the military or intelligence agencies in the video.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens … Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear; you can refuse illegal orders… You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution,” the Democrats said in the video.
The video did not state which of President Donald Trump’s orders were illegal.
Kelly is a retired Navy commander, which means the Uniform Code of Military Justice still applies to him. As such, the Department of War launched an investigation into Kelly’s comments.
On Monday, a Pentagon official told The Hill that Secretary of War Pete Hegseth’s office, and the War Department’s Office of General Counsel, are “escalating” the review to an “official Command Investigation.”
CBS News quoted an official it did not name as saying, “Retired Captain Kelly is currently under investigation for serious allegations of misconduct.”
“Further official comments will be limited to preserve the integrity of the proceedings,” the official said.
Kelly responded on X, writing, “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.”
“It wasn’t enough for Donald Trump to say I should be hanged. It wasn’t enough for Pete Hegseth to threaten me with a court martial. Now they are threatening everything I fought and served for across twenty-five years in the U.S. Navy — all because I repeated something every service member is taught,” he wrote.
Last week, the Navy submitted a report on possible punishments against Kelly to the Office of General Counsel, which is “providing a legal review and input.”
Pete Hegseth has posted on social media, “The video made by the ‘Seditious Six’ was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion — which only puts our warriors in danger.”
The video made by the “Seditious Six” was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of “good order and discipline.” Their foolish screed sows doubt and confusion — which only puts our warriors in… https://t.co/UvLXChZnmF
— Pete Hegseth (@PeteHegseth) November 24, 2025
“Five of the six individuals in that video do not fall under @DeptofWar jurisdiction (one is CIA and four are former military but not ‘retired,’ so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ — and he knows that,” he continued.
“As was announced, the Department is reviewing his statements and actions, which were addressed directly to all troops while explicitly using his rank and service affiliation — lending the appearance of authority to his words. Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth said.
The War Department has said Kelly could be called back to active duty to face court martial proceedings or other administrative punishments, such as a reduction in rank or pension entitlement, ABC News reported.
Further, the Department of War “reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels.”
“All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order,” the statement added.
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