The administration of President Donald Trump has formally escalated a military investigation into Democratic Senator Mark Kelly of Arizona, following his participation in a video advising US service members of their right to refuse unlawful commands.
A Formal Command Investigation is Launched
In a statement issued on Monday evening, the Pentagon confirmed it was moving a preliminary review into a full command investigation. This legal process is used to determine potential breaches of military law and can precede disciplinary action. The Pentagon cited "serious allegations of misconduct" and stated further official comment would be limited to preserve the integrity of the proceedings.
The controversy stems from a social media video in which Senator Kelly, a former naval aviator and astronaut, appeared alongside five other ex-military or ex-intelligence Democratic lawmakers. In the clip, they directly addressed current troops, stating: "Our laws are clear: you can refuse illegal orders... you must refuse illegal orders."
Kelly's Furious Response and Trump's Fury
Senator Kelly responded with defiance in a message posted to X on Monday. He connected the investigation to previous incendiary rhetoric from the President. "It wasn't enough for Donald Trump to say I should be hanged, which prompted death threats against me and my family," Kelly wrote.
He accused President Trump and Defence Secretary Pete Hegseth of a "corrupt" abuse of power, arguing his remarks simply reiterated standard instruction for service members. "It should send a shiver down the spine of every patriotic American," Kelly stated, that the administration would "corrupt any process to make an example out of me."
President Trump had previously expressed rage over the video on his Truth Social network, labelling the behaviour "SEDITIOUS BEHAVIOR FROM TRAITORS" and using the phrase "LOCK THEM UP." He also reposted a message from another user that encouraged him to "HANG THEM."
Legal Doubts and Political Repercussions
The investigation unfolds against a backdrop of intense debate over the legality of Trump-ordered airstrikes on suspected "drug boats" in the Caribbean and eastern Pacific. Last month, one of the six Democrats in the video, former CIA analyst Elissa Slotkin, revealed they had received interview requests from the FBI's counter-terrorism division.
However, experts in military law have expressed scepticism that Kelly's actions violated the Uniform Code of Military Justice. Kelly remains bound by statutes governing former servicemen, which prohibit actions intended to disrupt the loyalty, morale, or discipline of the armed forces.
Kelly's legal representative has stated there is "no legitimate basis for any type of proceeding against him" and that any such effort constitutes an "extraordinary abuse of power." He received political support from Arizona congresswoman Yassamin Ansari, who warned the move signals how the "Trump regime" might treat everyday service members who speak out.
The Pentagon's decision to launch a command investigation, dated Tuesday 16 December 2025, marks a significant intensification of its scrutiny, allowing investigators to actively probe the senator's conduct.
