Overview
- Defense officials said the preliminary review was upgraded Monday night to a command investigation citing “serious allegations of misconduct,” with further comment withheld.
- The inquiry stems from a late‑November video where six Democrats told service members they can refuse illegal orders; Kelly is the only participant still under UCMJ jurisdiction as a retired Navy captain.
- Potential actions referenced by the Pentagon include recalling Kelly to active duty for a court‑martial or imposing administrative measures, though no decision has been announced.
- Kelly called the escalation an abuse of power and, through attorney Paul Fishman, warned the Navy he will seek court intervention to stop any proceedings.
- The FBI has sought interviews with other lawmakers in the video, and legal experts say any attempt to prosecute or court‑martial a sitting senator would face major constitutional and procedural hurdles.