The Department of War has formally escalated its review of Democratic Sen. Mark Kelly into a full Command Investigation, marking a major step in what could become one of the most serious accountability cases involving a sitting U.S. senator and military retiree in decades.
According to a Department of War official, the Office of the Secretary of War, working alongside the department’s Office of General Counsel, has upgraded the matter from a preliminary review to an official investigation. The official confirmed that Kelly, a retired U.S. Navy captain, is under investigation for serious allegations of misconduct, and said further public comment would be limited to protect the integrity of the proceedings.
The escalation follows a report submitted last week by the U.S. Navy to War Secretary Pete Hegseth, reviewing Kelly’s role in a controversial video that urged members of the military to refuse so-called “illegal orders.” Legal oversight is now being handled directly by the War Department’s general counsel, underscoring the gravity of the situation.
Kelly became the focus of the review in November after appearing in a coordinated video alongside five other Democratic lawmakers, a group Hegseth publicly labeled the “seditious six.” In the video, the lawmakers warned service members against following orders they personally deemed unlawful, a message critics say dangerously undermines the chain of command.
The Arizona senator, a Navy combat veteran and former astronaut, is now reportedly under consideration to be recalled to active duty status, which would open the door to court-martial proceedings or other administrative discipline under military law.
At the time the review was launched, the Department of War issued a blunt reminder that military retirees are not beyond accountability. Retired service members remain subject to the Uniform Code of Military Justice for applicable offenses, and federal statutes, including 18 U.S.C. § 2387, prohibit actions intended to interfere with the loyalty, morale, or discipline of the armed forces.
Hegseth has been unapologetic in his response. He condemned the video when it surfaced, calling the lawmakers’ message despicable, reckless, and false. He warned that encouraging troops to ignore lawful orders strikes at the core of military discipline and places American service members in danger.
“Encouraging our warriors to ignore the orders of their commanders undermines every aspect of good order and discipline,” Hegseth said. “Their foolish screed sows doubt and confusion, which only puts our warriors in danger.”
The move to a Command Investigation signals that the War Department is no longer treating the incident as a political controversy, but as a potential violation of military law with real consequences. As the investigation proceeds, it could test how far political figures can go before crossing lines that the military has long treated as untouchable.
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