Democratic Senator Mark Kelly of Arizona has publicly accused the Pentagon of attempting to stifle dissent within the US military, following the escalation of an official probe into his public statements.
Investigation Launched Over Remarks to Troops
On Tuesday 16 December 2025, Senator Kelly stated that the Defence Department's decision to upgrade a preliminary review into a formal command investigation was politically motivated. The inquiry centres on a video released in November, in which Kelly and five other Democratic lawmakers with military or intelligence backgrounds urged service members to "refuse illegal orders" and uphold the Constitution.
The Pentagon confirmed late on Monday that Defence Secretary Pete Hegseth's office had escalated the matter. Officials cited "serious allegations of misconduct" and suggested Kelly's conduct could bring discredit upon the armed forces. Command investigations are common for probing non-criminal wrongdoing but are rarely used against a retired service member, let alone a sitting US senator.
A Clash Over Jurisdiction and Free Speech
Kelly, a former Navy fighter pilot and astronaut, argues the probe is a direct message to silence critics. "This is just about sending a message to retired service members, active duty service members, government employees — do not speak out against this president or there will be consequences," he told reporters after a classified briefing.
The investigation heightens tensions between Kelly and the Trump administration's Pentagon. It comes amid increased congressional scrutiny of US military strikes on boats accused of drug smuggling in the Caribbean Sea and eastern Pacific Ocean. Kelly's legal team has pushed back forcefully, stating in a letter that the investigation has "no legitimate basis", is unconstitutional, and represents an "extraordinary abuse of power."
Legal Experts Doubt Path to Court-Martial
While the Pentagon suggested it could theoretically recall Kelly to active duty for court-martial, legal experts are sceptical. Retired Navy Captain and Judge Advocate General Todd Huntley said the fact the inquiry wasn't handed to the Naval Criminal Investigative Service (NCIS) indicated prosecutors knew a court-martial was unlikely.
"It’s a realisation that they are not going to be able to court-martial him," Huntley said, suggesting the most likely outcome would be a largely symbolic letter of censure. Other experts have stated Kelly, as a member of Congress, is likely protected from prosecution by the executive branch over such remarks.
The video featuring Kelly also included Senator Elissa Slotkin and Representatives Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan. The lawmakers did not cite specific orders but released their message amidst the controversial boat strike campaign and discussions about deploying National Guard troops domestically.
Senator Kelly remains defiant in the face of the investigation. "They’re trying to shut people up," he asserted. "But in this case, they picked the wrong guy. So I’m not going to shut up about this."
