A Pentagon spokesperson said Monday that the Department of Defense is escalating a preliminary review into what it described as “serious allegations of misconduct” involving Sen. Mark Kelly (D-Ariz.).
The review stems from Kelly’s participation in a controversial video that reminded U.S. service members they have a duty to disobey orders they believe are “unlawful.” The Trump administration has criticized the video, arguing it risks undermining military discipline and the chain of command.
The Pentagon’s Office of General Counsel commenced the review to assess potential consequences for the retired naval captain. Currently, Kelly is subjected to “an official Command Investigation,” as stated by the spokesperson.
“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 Department of War official said in a statement sent to 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,” the statement added.
Kelly, a former Navy pilot, now finds himself standing alone under scrutiny as the only member of what Secretary of War Pete Hegseth has aptly dubbed the “seditious six” who is currently under formal investigation. And that distinction isn’t exactly an honor.
Kelly wasn’t acting in isolation. He was joined in the now-infamous video by 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).
Together, they participated in a reckless stunt urging members of the U.S. military and intelligence community to defy so-called “illegal orders” — a phrase deliberately vague enough to invite chaos, insubordination, and political weaponization of the armed forces.
That kind of rhetoric isn’t courageous. It’s dangerous. When elected officials with national platforms flirt with the idea of encouraging uniformed personnel to pick and choose which orders to follow based on partisan vibes, they’re not defending democracy — they’re undermining civilian control of the military, one of the most foundational principles of the republic.
A statement from the Department of War released last month indicated that Kelly’s possible “serious” misconduct is being reviewed for disciplinary action, which could range from a court-martial to other “administrative measures.”
An “official Command Investigation” represents an escalation that examines more grave or substantiated claims, providing it with enhanced authorities, such as the capacity to obtain sworn testimony.
Naturally, Kelly remained defiant, posting on X:
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 whined.
SECWAR Hegseth ripped Kelly and the other seditious lawmakers ahead of the review escalation. “As veterans of various sorts, the Seditious Six knew exactly what they were doing—sowing doubt through a politically-motivated influence operation,” he said. “The [Department of War] won’t fall for it or stand for it.”
Kelly and his ‘seditious’ associates aimed to engage in political maneuvers using the military. Now they’re discovering that this risky endeavor could lead to repercussions.
