From Washington Examiner: The Department of War escalated its misconduct review of Sen. Mark Kelly (D-AZ) after his attorney threatened legal action.
The Pentagon said it escalated the “preliminary review” into “serious allegations of misconduct” against the former naval captain over a video he made alongside other former Democratic military and security veterans.
Kelly was one of six Democratic lawmakers to feature in a video warning service members against following illegal orders, with the remarks viewed by the Trump administration as a wink-and-nod call for insubordination. The War Department first announced a “thorough review” of the allegations late last month, which escalated on Monday. War Secretary Pete Hegseth requested that the Navy review Kelly’s “potentially unlawful comments” and report back to him by Dec.
A War Department official said, “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. 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.”
Kelly responded in a post on X, saying the action 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.”
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
🚨 BREAKING: The Department of War is “ESCALATING” its investigation into seditious Sen. Mark Kelly to an “official command investigation”
Kelly MUST face a court-martial for his behavior! FAFO.
PENTAGON OFFICIAL: “The Office of the Secretary of War, in conjunction with the… pic.twitter.com/ENHtTSsRaj
— Eric Daugherty (@EricLDaugh) December 15, 2025
In a letter to Navy Secretary John Phelan, Kelly’s attorney had previously threatened legal action.
“To be clear: there is no legitimate basis for any type of proceeding against Senator Kelly, and any such effort would be unconstitutional and an extraordinary abuse of power,” Phelan wrote. “If the Executive Branch were to move forward in any forum—criminal, disciplinary, or administrative—we will take all appropriate legal action on Senator Kelly’s behalf to halt the Administration’s unprecedented and dangerous overreach.”
Read more at Washington Examiner
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