The Pentagon has elevated its review of Sen. Mark Kelly’s role in a video urging service members to refuse unlawful orders into an “official Command Investigation,” the Defense Department confirmed, according to The Washington Post. The move comes as Congress presses the Trump administration for details on a lethal U.S. campaign of targeting alleged drug-smuggling boats.
Why the Kelly investigation intersects with the strikes
Kelly, a Democrat from Arizona, is a retired Navy officer and a vocal critic of President Donald Trump. Military law experts and Democratic lawmakers have described the probe as a highly unusual use of the military justice system against a political adversary, while some Republicans have also questioned its justification. Kelly has said the effort is meant to intimidate him.
The video, featuring Kelly and five other Democratic veterans, reminded service members of their obligation to disobey unlawful orders. It did not reference specific operations, but it was widely seen as a response to the administration’s actions in Latin America and the domestic deployment of troops.
Lawmakers involved said they recorded the message after service members raised concerns about the legality of certain orders, including strikes on alleged drug-trafficking boats and the use of military forces in U.S. cities.
What officials say about authority and potential consequences
The Pentagon said the matter is now an “official Command Investigation” involving the general counsel’s office and will assess whether disciplinary action is warranted. Guidance from the Naval Justice School indicates such investigations typically last about 30 days and include evidence collection and witness interviews, The Post reported.
Navy Secretary John Phelan provided a recommendation to Defense Secretary Pete Hegseth last week on whether Kelly’s involvement merits action, though the Navy has not disclosed that advice.
Kelly is the only participant potentially subject to recall and the Uniform Code of Military Justice because he is a retiree with more than 20 years of service.
Kelly’s attorney, Paul Fishman, warned that any legal action “would be unconstitutional and an extraordinary abuse of power,” saying the legal team would seek court intervention against what he called “unprecedented and dangerous overreach.”
Trump reacted to the video by calling it “seditious” and saying the senators’ actions were “punishable by DEATH!” Shortly afterward, Hegseth announced a Pentagon review into what he called “serious allegations of misconduct” by Kelly.
Congress presses the administration on boat strikes
As scrutiny intensified, the U.S. military said Monday it struck three suspected drug-smuggling boats in the eastern Pacific, killing eight people. The military described the targets as linked to “Designated Terrorist Organizations” and released a video of an exploding boat, but did not provide evidence of drug trafficking.
The campaign has killed at least 95 people in 25 known strikes since early September, including a follow-up strike that killed two survivors clinging to wreckage after an initial attack.
The administration told Congress that an “armed conflict” with drug cartels began with a Sept. 2 attack, that those killed are considered “unlawful combatants,” and that it claims authority to conduct lethal operations without judicial review based on a classified Justice Department finding.
What comes next
Senate Minority Leader Chuck Schumer, D-N.Y., said all senators will receive a briefing Tuesday from Secretary of State Marco Rubio and Defense Secretary Pete Hegseth, with a separate classified session planned for House members.
According to Politico Playbook, the administration will show video of the Sept. 2 double strike to members of the Senate and House Armed Services committees later this week, placing lawmakers, including Kelly and Sen. Elissa Slotkin, D-Mich., in position to respond publicly.
A White House official told Playbook the administration will remain “forthcoming and unapologetic” about efforts to target drug cartels and cited nearly two dozen bipartisan briefings with lawmakers.
The Command Investigation into Kelly is expected to run about 30 days. Fishman has said any action would trigger a legal challenge.
Meanwhile, congressional briefings this week are expected to shape the next phase of oversight of the strike campaign and the administration’s asserted authority carry it out.
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