Defense Secretary Pete Hegseth has directed the Navy to complete a formal review of what he described as “potentially unlawful comments” made by Senator Mark Kelly, a retired Navy captain, setting a deadline of December 10 for the findings.
Why It Matters
The Pentagon’s inquiry into Senator Kelly, a Democrat from Arizona, has intensified national debate over the limits of military law, the independence of Congress, and the strain between political parties under President Donald Trump.
The case could become an important test of the boundaries between the executive and legislative branches, as well as the Pentagon’s long-standing effort to remain politically neutral.
The review stems from a recent video in which Kelly and other Democratic lawmakers urged U.S. troops and members of the intelligence community not to follow illegal orders, triggering a sharp legal and political confrontation after President Trump denounced the message as “seditious.”
Background on the Review
Kelly was one of several Democratic lawmakers who released the video telling service members they are not obligated to obey unlawful commands. President Donald Trump called the video “seditious” and claimed it was an offense “punishable by death” in a post on his Truth Social platform.
In a memo issued Tuesday and shared on X, Hegseth referred the allegations to Secretary of the Navy John Phelan for further examination and set December 10 as the new deadline for the review. Hegseth’s directive followed the Pentagon’s announcement a day earlier that it was investigating unspecified but serious misconduct allegations against Kelly, who previously served as a Navy captain.
What People Are Saying
Senator Mark Kelly on X (Wednesday):
“When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution. I upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space shuttle flights at NASA, and every day since I retired – which I did after my wife Gabby was shot in the head while serving her constituents. In combat, I had a missile blow up next to my jet and flew through anti-aircraft fire to drop bombs on enemy targets.”
Kelly continued:
“At NASA, I launched on a rocket, commanded the space shuttle, and was part of the recovery mission that brought home the bodies of my astronaut classmates who died on Columbia. I did all of this in service to this country that I love and has given me so much. Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death. If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Democratic Senator Cory Booker of New Jersey on X (Tuesday):
“We must not be silenced. Thank you Mark Kelly for continuing to use your voice. It’s an honor to stand with you.”
President Donald Trump on Truth Social (over the weekend):
“THE TRAITORS THAT TOLD THE MILITARY TO DISOBEY MY ORDERS SHOULD BE IN JAIL RIGHT NOW, NOT ROAMING THE FAKE NEWS NETWORKS TRYING TO EXPLAIN THAT WHAT THEY SAID WAS OK. IT WASN’T, AND NEVER WILL BE! IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME. THERE CAN BE NO OTHER INTERPRETATION OF WHAT THEY SAID!”
What Happens Next
Under Hegseth’s directive, the Navy must submit its review of Senator Kelly’s statements by December 10. The Pentagon has not yet clarified whether any other lawmakers who appeared in the video could also face potential disciplinary action.
