Senate Republicans expressed growing concern after the Department of Defense elevated its review of Sen. Mark Kelly to an "official Command Investigation" following a video in which Kelly and other Democrats urged service members to disobey unlawful orders. The Navy submitted a report on possible punishments to the Office of General Counsel by the Dec. 10 deadline, but officials have not disclosed its contents. Kelly and his lawyer call the probe politically motivated and unconstitutional, while some GOP senators warn the move could set a dangerous precedent.
Senate GOP Voices Concern After Pentagon Escalates Investigation Into Sen. Mark Kelly
Senate Republicans are increasingly uneasy after the Department of Defense elevated its review of Sen. Mark Kelly (D-Ariz.) to an "official Command Investigation," a move announced by Defense Secretary Pete Hegseth that has intensified tensions between the senator and the Pentagon.
What Happened
On Monday, the Defense Department said the matter involving Kelly was raised to a formal command inquiry following a video in which Kelly and several other congressional Democrats advised service members on the duty to refuse unlawful orders. The Department previously said it received "serious allegations of misconduct" and initiated a "thorough review." Secretary Hegseth ordered the Navy to complete its review and submit findings to the Office of General Counsel by Dec. 10.
Last week, the Navy forwarded a report on potential punishments for Kelly to the department’s Office of General Counsel. Officials have not disclosed the report’s contents or the scope of any recommended actions.
Reactions From Capitol Hill
The decision to formalize the inquiry has prompted concern among several Senate Republicans. Sen. Rand Paul (R-Ky.) called the move "a terrible idea," and Sen. Susan Collins (R-Maine) questioned whether the probe is appropriate given Kelly’s protections under the Constitution's Speech or Debate Clause. Other GOP senators warned that pursuing disciplinary action against a sitting lawmaker could set a worrisome precedent for future Congresses.
"These members are going to be here after this administration’s gone. We’re creating a precedent that everybody should expect could be used against them," one Republican senator told reporters. "It really seems to me like vindictive prosecutions, and that’s a bad message to send to the American people."
Even Republicans who criticized Kelly’s participation in the video said they were skeptical that the Pentagon’s resources should be spent on this investigation. Sen. Lindsey Graham (R-S.C.) said appearing in the video was "not very wise" but added, "I don’t know if it broke any laws." Sen. Dan Sullivan (R-Alaska), a retired Marine, described the video as "irresponsible and politically driven" while cautioning that an investigation under the Uniform Code of Military Justice (UCMJ) would raise constitutional complications.
Exchange During Briefing
The dispute spilled into a Capitol Hill briefing where Hegseth appeared alongside Sen. Marco Rubio to discuss actions targeting suspected drug-trafficking boats near Venezuela. According to senators who attended, Kelly engaged in a prolonged back-and-forth with Hegseth during the session. Some Republicans complained Kelly was monopolizing time during a classified briefing; Kelly said Hegseth raised talking points about the video while he was asking questions about strikes on alleged drug boats.
Kelly told reporters the Pentagon had not contacted him about the investigation and called the inquiry politically motivated. "This is all a bunch of bulls‑‑‑," he said, adding that the real aim, in his view, is to deter retired and active service members and government employees from speaking out against the president by threatening consequences.
Legal Response and Stakes
Paul Fishman, Kelly’s attorney, warned that any disciplinary or criminal action by the Pentagon would be unconstitutional and an "extraordinary abuse of power." Fishman said the senator’s legal team would pursue "all appropriate legal action" to block what they view as an unprecedented executive-branch overreach.
The Pentagon declined additional comment and referred inquiries to its earlier statement announcing the escalation of the review.
The episode highlights tensions over the boundary between military rules and congressional speech, and it raises questions about how the Defense Department balances internal discipline with constitutional protections for lawmakers. With the Navy’s report now with the Office of General Counsel, legal and political scrutiny of the next steps is likely to intensify.
