War Secretary Pete Hegseth announced Monday that the Department of War is escalating its investigation into Senator Mark Kelly (D-AZ) following comments made by Kelly and other Democratic lawmakers suggesting that U.S. service members should disobey President Donald Trump’s orders. Hegseth said the statements raised serious concerns about military discipline and civilian control of the armed forces.
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The investigation began on November 24, 2025, when the Pentagon launched a review into what it called “serious allegations of misconduct” involving Kelly. The probe was triggered by a joint video released on November 18, featuring Kelly and five other Democratic lawmakers with military or intelligence backgrounds. In the video, the group urged military personnel to refuse “illegal” orders, though they did not specify any particular orders or actions they believed to be unlawful.
In the video, the lawmakers told service members they were under immense pressure and warned that trust in the military was at risk. They claimed threats to the Constitution were coming from within the United States and insisted that service members not only could, but must, refuse illegal orders. Despite repeated questions, the lawmakers have not clarified what specific orders they believe would qualify as illegal.
Hegseth previously described the video as potentially disruptive to military discipline and ordered the Navy to review Kelly’s involvement. Because Kelly is a retired Navy captain, he remains subject to the Uniform Code of Military Justice under federal law, which allows certain retirees to be recalled to active duty for disciplinary proceedings. This status made Kelly the primary focus of the investigation.
The Navy completed its initial findings on December 11, 2025, outlining possible administrative or punitive actions and forwarded the report to the Pentagon’s Office of General Counsel. On Monday, the matter was elevated to an official command investigation. A Pentagon spokesperson confirmed that Kelly is under investigation for serious allegations of misconduct and said further comment would be limited to protect the integrity of the process.
If investigators determine that Kelly engaged in misconduct, he could face consequences ranging from reprimand or loss of benefits to rank reduction. If criminal conduct is found, federal law allows for his recall to active duty for up to three years to face a court-martial. Meanwhile, the Justice Department has also opened a parallel inquiry into Kelly and the other lawmakers involved.
Deputy Attorney General Todd Blanche has sharply criticized the video, calling it “abhorrent” and comparing it to hostile propaganda designed to undermine the U.S. military. He said lawmakers encouraging service members to defy orders without identifying specific illegal actions is unacceptable and vowed that those involved would be held accountable.[/read]