The Pentagon has announced an escalation in its investigation into serious misconduct allegations against Senator Mark Kelly (D-AZ). This follows his involvement in a contentious video suggesting that military personnel can reject orders they deem “unlawful,” a stance criticized by the Trump administration for potentially undermining military discipline.
Initially reported by Becca Lower from RedState, the Pentagon’s Office of General Counsel had started a preliminary review to assess potential disciplinary actions against the retired naval officer.
Senator Kelly is now under an “official Command Investigation,” as confirmed by a Pentagon spokesperson.
“The Office of the Secretary of War, alongside the Department of War’s Office of the General Counsel, is advancing the review of Captain Mark Kelly, USN (Ret.), to a formal Command Investigation,” stated a Department of War official in a press release shared with Breitbart News.
“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.”
READ MORE: Dow Confirms U.S. Navy Report Discussing Potential Consequences for Sen. Kelly Under Review
Uh-Oh: Mark Kelly Entering the ‘Find Out’ Phase After Urging Military to Defy Orders, and It’s Not Good
Kelly, a former Navy pilot, is currently the lone member of what Secretary of War Pete Hegseth is calling the “seditious six” under investigation. Democrat Reps. Chris Deluzio (PA-17), Chrissy Houlahan (PA-6), Maggie Goodlander (NH-2), and Jason Crow (CO-6), along with Sen. Elissa Slotkin (D-MI), took part in the controversial video that urged military troops and intelligence officials to defy “illegal orders.”
The problem is that there is a vast difference between manifestly illegal orders and those whose illegality is debatable. The latter of which, refusing to obey an order one feels personally questionable, is itself illegal, under the Uniform Code of Military Justice (UCMJ).
A military order laced with doubt could result not just in failure but also in putting soldiers in harm’s way. It could lead to injury. It could lead to death. This isn’t about scoring political points; it’s about a serious breach of the Uniform Code of Military Justice (UCMJ).
A Department of War statement issued last month explained that Kelly’s potential “serious” misconduct was under consideration for punishment, including a court-martial or other “administrative measures.”
An “official Command Investigation” is an upgrade that analyzes more serious or substantiated allegations, granting it broader powers, such as the ability to take sworn testimony.
A defiant Kelly responded to the Pentagon announcement that his review was being escalated on social media.
Tonight, we learned the Pentagon is escalating its review of me into “an official command investigation.”
If Donald Trump or Pete Hegseth think they can stop me from doing my job and serving the American people, they’ve got the wrong guy. pic.twitter.com/wjKVr37vby
— Senator Mark Kelly (@SenMarkKelly) December 16, 2025
“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,” he complained.
Hegseth blasted Kelly and other Democratic lawmakers before the escalation of the review.
“In the military, vague rhetoric and ambiguity undermines trust, creates hesitation in the chain of command, and erodes cohesion,” he wrote on X. “The military already has clear procedures for handling unlawful orders. It does not need political actors injecting doubt into an already clear chain of command.”
“As veterans of various sorts, the Seditious Six knew exactly what they were doing—sowing doubt through a politically-motivated influence operation,” added Hegseth. “The [Department of War] won’t fall for it or stand for it.”
Kelly and his ‘seditious’ colleagues wanted to play politics with the military. Now they’re finding out that such a dangerous game might just have consequences.
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