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Pentagon Escalates Review of Sen. Mark Kelly as Legal Team Threatens Suit

The review centers on a video advising service members to refuse unlawful orders, raising rare questions about applying military law to a sitting senator.

Overview

  • The Pentagon said it has escalated its preliminary review to an official command investigation into serious misconduct allegations involving Kelly.
  • In a letter to Navy Secretary John Phelan, attorney Paul J. Fischman warned they will seek court intervention to halt any recall, prosecution, or administrative action.
  • Kelly’s attorneys say the Navy has submitted a brief with recommendations to the Defense Department’s Office of General Counsel for legal review.
  • The inquiry follows a video in which Kelly and other Democratic veterans told troops to refuse illegal orders, a message President Trump called “seditious” and “punishable by death.”
  • Defense officials note retirees remain subject to the UCMJ and cite 18 U.S.C. § 2387 regarding interference with military loyalty, morale, and good order.