The investigation into Arizona Sen. Mark Kelly, initiated by Defense Secretary Pete Hegseth, could take a new turn as officials weigh possible administrative actions or even a court-martial.
Kelly, a retired U.S. Navy captain and former NASA astronaut, was one of six Democrats featured in a video on November 18 urging military personnel not to follow unlawful orders. Hegseth, calling the group the “Seditious Six,” accused Kelly and his colleagues of encouraging insubordination.
The Navy completed its review of Kelly’s comments on Thursday, but the details of the report remain private. Kelly has not been formally notified of any action. There is no deadline for Hegseth to act, leaving the senator’s situation uncertain.
In a November 24 statement on the Defense Department’s official X account, Hegseth accused Kelly of “serious allegations of misconduct” and suggested he could be recalled to active duty to face charges, citing a federal law prohibiting actions that interfere with the “loyalty, morale, or good order and discipline of the armed forces.” He also criticized a photo in which Kelly allegedly wore his medals out of order.
While recalling Kelly for a court-martial is legally possible, experts say it faces major hurdles. Kelly’s reminder to troops not to follow illegal orders is legally accurate, and charging a sitting senator for an alleged post-service offense could trigger complex constitutional challenges, particularly regarding separation of powers. Hegseth’s lawyer, Tim Parlatore, has acknowledged that a court-martial “could be legally messy” and potentially litigated extensively in federal court.
Other options include administrative punishments, such as a letter of reprimand, a reduction in rank, or changing Kelly’s discharge status to “Other than Honorable,” which would impact his retirement benefits.
The investigation also resonates with Trump supporters, as it echoes previous actions by former President Trump, who issued “full, complete and unconditional” pardons to veterans and service members connected to the January 6 Capitol events.
For now, Kelly’s fate remains uncertain, with both legal and political implications hanging in the balance as Hegseth considers his next steps.
