The Office of the Secretary of Defense on Monday escalated a preliminary review of Sen. Mark Kelly (D-Ariz.) into a formal Command Investigation, Pentagon officials confirmed. The intensified inquiry, first reported by Punchbowl News and corroborated by Fox News Digital, now includes work with the Department of Defense Office of the General Counsel.
Officials said the probe centers on "serious allegations of misconduct" connected to a video in which Kelly urged service members to "refuse illegal orders." The Department initially opened a formal review after the video's circulation; the move to a Command Investigation represents a more formal and structured administrative inquiry.
"Retired Captain Kelly is currently under investigation for serious allegations of misconduct," a Department of Defense official told Fox News Digital. "Further official comments will be limited to preserve the integrity of the proceedings."
Senator Mark Kelly, a former Navy Captain, urged troops to refuse "illegal orders" in the viral video.
Kelly, a retired U.S. Navy captain who served for 25 years, pushed back in a statement, framing the escalation as politically motivated. He criticized senior officials and political figures, saying the action "should send a shiver down the spine of every patriotic American" and referencing comments by former President Donald Trump and commentator Pete Hegseth.
Kelly's statement: "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. I will keep doing my job representing Arizona."
The Pentagon did not provide a timetable for the investigation or further details about the specific allegations. Fox News Digital has reached out to Senator Kelly's office for additional comment.
Note: A Command Investigation is a formal administrative process used by the military and the Department of Defense to gather facts and determine whether further action is warranted.