The Pentagon announced Monday that it is escalating a preliminary review into what it described as “serious allegations of misconduct” involving Sen. Mark Kelly, D-Ariz., following his participation in a controversial video that reminded U.S. service members they could disobey orders they believe to be “unlawful.”
The review, which had been initiated by the Pentagon’s Office of General Counsel, is now being elevated to an official Command Investigation, according to a Pentagon spokesperson.
The move follows criticism from the Trump administration, which has argued that the video undermines military discipline and the chain of command.
Kelly, a retired U.S. Navy captain and former Navy pilot, is now the sole member of a group referred to by Secretary of War Pete Hegseth as the “seditious six” to face a formal investigation.
Other lawmakers who appeared in the video include Democratic Reps. Chris Deluzio of Pennsylvania, Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire, Jason Crow of Colorado, and Sen. Elissa Slotkin of Michigan. Those lawmakers urged military and intelligence personnel to refuse “illegal orders.”
In a statement sent to Breitbart News, a Department of War official confirmed the escalation of the review.
“The Office of the Secretary of War, in conjunction with the Department of War’s Office of the General Counsel, is escalating the preliminary review of Captain Mark Kelly, USN (Ret.), to an official Command Investigation,” the official said.
“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.”
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The Pentagon’s initial review was launched to determine whether disciplinary action was warranted against Kelly, including the possibility of a court-martial or other administrative measures.
A Department of War statement issued last month indicated that Kelly’s conduct was being evaluated for potential punishment.
An official Command Investigation represents a more serious phase of review. Such investigations are used when allegations are considered more substantiated or severe and grant investigators broader authority, including the ability to compel sworn testimony and gather additional evidence.
The controversy centers on the distinction under military law between clearly unlawful orders and those that may be subject to interpretation.
Under the Uniform Code of Military Justice, service members are obligated to obey lawful orders, and refusal based on personal disagreement or uncertainty can itself constitute a violation of the UCMJ.
The Trump administration has argued that messaging which encourages ambiguity about orders risks disrupting military cohesion and could have serious consequences in operational settings.
Officials have warned that hesitation or refusal to follow orders in combat or high-risk environments could place service members in danger.
Hegseth addressed the issue publicly prior to the escalation of the investigation, criticizing Kelly and the other lawmakers involved.
“In the military, vague rhetoric and ambiguity undermines trust, creates hesitation in the chain of command, and erodes cohesion,” Hegseth 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.”
He further accused the lawmakers of acting with intent.
“As veterans of various sorts, the Seditious Six knew exactly what they were doing—sowing doubt through a politically-motivated influence operation,” Hegseth wrote.
“The [Department of War] won’t fall for it or stand for it.”
The despicable video urging @DeptofWar troops to “refuse illegal orders” may seem harmless to civilians — but it carries a different weight inside the military.
This was a politically-motivated influence operation:
☑️ It never named a specific “illegal order.”
☑️ It created…— Pete Hegseth (@PeteHegseth) November 25, 2025
Kelly responded to the Pentagon’s announcement by criticizing the administration and characterizing the investigation as an abuse of power.
In a social media post following the escalation, he said the action should concern the public.
“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,” Kelly said.
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
Kelly’s participation in the video has placed him at the center of the Pentagon’s inquiry, even as the other lawmakers involved have not been formally subjected to command-level investigations.
The Pentagon has not detailed why Kelly alone is currently under review, citing the need to protect the integrity of the ongoing process.
The investigation remains ongoing, and Pentagon officials have said additional information will not be released while proceedings continue.
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