The Pentagon has upgraded its review of Sen. Mark Kelly, D-Ariz., into a formal military investigation, escalating scrutiny of one of six Democrat lawmakers who appeared in a video urging U.S. service members to refuse what they described as "illegal orders."
A department official confirmed Monday that War Secretary Pete Hegseth, along with the Pentagon's general counsel, ordered the preliminary review elevated to a command investigation — a more serious type of military probe typically initiated by a commander.
The move marks a significant escalation and signals a formal effort to examine Kelly's conduct.
"Retired Captain Kelly is currently under investigation for serious allegations of misconduct," the official told CBS News, adding that further public comment would be limited to protect the integrity of the proceedings.
Kelly, a retired Navy officer and frequent critic of President Donald Trump's administration, has drawn sharp criticism from military veterans and national security experts since the video surfaced.
In the recording, Kelly and five other Democrat lawmakers — all former members of the military or intelligence community — told current service members, "Our laws are clear: You can refuse illegal orders. ... You must refuse illegal orders."
While the lawmakers did not cite any specific orders issued by Trump, critics argue the message undermines military discipline and chain-of-command authority.
A command investigation is designed to determine whether disciplinary or legal action is warranted. According to guidance from the Naval Justice School, such investigations often involve interviews, evidence gathering, and formal findings and typically last about 30 days, The Washington Post reported.
Retired Air Force Brig. Gen. Blaine Holt told Newsmax earlier this month that the military cannot afford to ignore what he described as open acts of sedition.
"I absolutely think a legal review should happen," Holt said, adding that many veterans share that view and believe accountability is necessary to maintain order and trust within the ranks.
Retired Air Force Lt. Col. Buzz Patterson also voiced support for prosecutions, referring to the group as the "Sedition Six."
"As a career Air Force veteran and former military aide to President Clinton, I fully support holding these lawmakers accountable," Patterson wrote on X.
Kelly pushed back late Monday, accusing the administration of abusing its authority.
"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," Kelly said.
Kelly's attorneys sent a letter to Navy Secretary John Phelan arguing there is "no legitimate basis" for any proceeding and warning that such actions would be unconstitutional.
The legal team vowed to pursue "all appropriate legal action" if the probe advances toward disciplinary or criminal charges.
Trump has blasted the lawmakers' video as "SEDITIOUS BEHAVIOR," while Hegseth has said the message risks sowing confusion and doubt within the military.
Separately, the other five Democrats involved have said the FBI opened inquiries into their actions last month.
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