War Secretary Pete Hegseth announced Monday that the department was “escalating” its probe into Senator Mark Kelly (R-AZ) after he and other Democrat lawmakers suggested that military service members should disobey President Donald Trump’s orders.
The investigation originated on November 24, 2025, when the Pentagon announced it was conducting a “thorough review” of “serious allegations of misconduct” against Kelly.
The probe was triggered by a joint video released on November 18, 2025, featuring Kelly and five other Democratic lawmakers with military or intelligence backgrounds. In the roughly two-minute clip, the group urged military personnel to disobey “illegal” orders without providing any examples, something they have still refused to do.
“We know you are under enormous stress and pressure right now, Americans trust their military, but that trust is at risk. This administration is pitting our uniformed military and intelligence community professionals against American citizens like us. You all swore an oath to protect and defend this constitution,” the lawmakers saidin the video.
“Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear,” they added. “You can refuse illegal orders…you must refuse illegal orders. No one has to carry out orders that violate the law or our constitution.”
Back in November, Hegseth described the message as potentially disruptive to military discipline and ordered the Navy to evaluate Kelly’s role. As the only participant still subject to UCMJ jurisdiction due to his retired status, Kelly became the focus.
Federal law (10 U.S.C. § 688) allows the recall of certain retirees for disciplinary proceedings, including court-martial.
The Navy completed its initial report on December 11, 2025, outlining potential administrative or punitive measures, and forwarded it to the Pentagon’s Office of General Counsel for legal review.
On Monday the Office of the Secretary of War, in coordination with the General Counsel, elevated the matter to an “official command investigation.”
“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,” a Pentagon spokesperson told PunchBowl News.
The Democrats in question, including Kelly, have repeatedly doubled down on their comments and have accused the president of “threatening” them.
The lawmakers have also yet to articulate what the “illegal” orders that should be resisted even are, though the comments do come as the War Department has carried out nearly two dozen strikes on drug-trafficking vessels in the Caribbean and the Pacific.
Kelly has gone so far as to accuse the Trump Administration of committing “war crimes” over the strikes.
If the investigation finds that Kelly committed misconduct, he could be subjected to a number of disciplinary measures, including reprimand or censure, rank demotion or forfeiture of benefits. If the senator is found to have engaged in criminal conduct, he could be recalled for up to three years to face a court martial.
In addition to the Pentagon investigation, the Justice Department has also taken steps to investigate Kelly and the other lawmakers involved with the video.
Deputy Attorney General Todd Blanche has described the video as “abhorrent” and likened it to “a propaganda video by one of our enemies trying to recruit the military to become spies.”
“What is the reason that they all went on a video and encouraged young men and women to defy court orders without even giving a hint of what’s illegal, without even giving any suggestion of what law or what order they’re being asked to violate. You cannot do that in this country, especially if you’re a leader,” he told Fox News last month before suggesting that the Justice Department is probing the matter.
“And so what does the investigation look like? I think they should be held to account. I think that those congressmen should be required to answer questions about why they did what they did, and the American people deserve that, and so does President Trump.”
