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By Anna Commander and Gabe Whisnant
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Defense Secretary Pete Hegseth has ordered the Navy to complete a review into what he calls "potentially unlawful comments" made by Senator Mark Kelly, a retired Navy captain, setting a new deadline of December 10.
Newsweek reached out to Kelly's office via email on Tuesday for additional comment.
Why It Matters
The Pentagon's investigation into Senator Kelly, a Democrat from Arizona, has drawn national scrutiny and debate about military law, legislative independence, and partisan tensions under President Donald Trump's administration.
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The case could test longstanding boundaries between the executive and legislative branches and the Pentagon's traditionally apolitical role.
Kelly and other Democratic lawmakers appeared in a recent video urging U.S. troops and the intelligence community to refuse illegal orders, prompting an unprecedented legal and political clash after President Trump labeled the message "seditious."
What To Know
Kelly was one of several Democratic lawmakers who released a video telling service members that they did not have to follow illegal orders. President Donald Trump called the video "seditious" and said 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 for further examination by Secretary of the Navy John Phelan and set the new deadline of December 10. Hegseth's memo comes one day after the Department of Defense said it was investigating unspecified, serious misconduct allegations against the retired Navy captain.
What People Are Saying
Senator Kelly on X on 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."
Senator 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 on Tuesday: "We must not be silenced. Thank you Mark Kelly for continuing to use your voice. It’s an honor to stand with you."
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
The Navy must deliver its review findings on Senator Kelly's actions by December 10, per Hegseth's directive. The Pentagon has not specified if other lawmakers who appeared in the video may also face potential discipline.
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Update 11/25/25 6:20 p.m. ET: This article has been updated with information.
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