The Department of War told Breitbart News that it has escalated its investigation into Sen. Mark Kelly (D-AZ) for serious allegations of unlawful comments.
Last month, Secretary Pete Hegseth ordered the Navy to review Kelly for “potentially unlawful comments” regarding the Seditious Six video.
In the video, six Democrats encouraged the military to defy “illegal orders.”
The official said:
The Office of the Secretary of War, in conjunction with the Department of War’s Office of the General Counsel, is escalating the preliminary review of Captain Mark Kelly, USN (Ret.), to an official Command Investigation. Retired Captain Kelly is currently under investigation for serious allegations of misconduct. Further official comments will be limited to preserve the integrity of the proceedings.
Chad Pergram of Fox News received Kelly’s response:
Dem AZ Sen Kelly: 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.It wasn’t enough for Donald Trump to say I should be hanged. It wasn’t enough for Pete Hegseth to threaten me with a court martial. Now they are threatening everything I fought and served for across twenty-five years in the U.S. Navy—all because I repeated something every service member is taught.The United States has the most professional military in the world—I trust their integrity. What I don’t trust is Pete Hegseth, a recklessly unqualified secretary of defense who has already shown he will corrupt any process to make an example out of me and send a message to every veteran and every American that they shouldn’t speak out.If Trump and Hegseth think this will stop me from doing what I’ve done every day of my adult life—fighting for this country—then they’ve got the wrong guy. Tomorrow, and the next day, I will keep doing my job representing Arizona.
The others in the video:
Only Kelly falls under the Pentagon’s jurisdiction. Hegseth explained that four of the six are “retired,” which means “they are no longer subject to” the Uniform Code if Military Justice (UCMJ).
“However, Mark Kelly (retired Navy Commander) is still subject to UCMJ—and he knows that,” said Hegseth.
The Democrats insisted that a person “can refuse orders” and “must refuse illegal orders.”
That is false, as the Pentagon’s X post says. Military Defense sums it up:
Important Note: All military orders are presumed lawful. The burden falls on the service member to establish that an order is manifestly unlawful. This is a high standard, and hesitation or refusal can carry serious consequences—even if ultimately justified.Because of this legal complexity, service members should consult with legal counsel as soon as they suspect an order may be unlawful. Do not disobey an order without first seeking guidance from a qualified military attorney, unless the order is clearly illegal on its face (e.g., ordering you to shoot unarmed civilians).
CLICK HERE FOR FULL VERSION OF THIS STORY