By Ginika Igboke
Sen. Mark Kelly (D-Ariz.), former astronaut and retired U.S. Navy captain, is now subject to a “command investigation” by the Department of War over allegations of misconduct, officials confirmed.
A command investigation is a formal military inquiry conducted by a commanding officer to examine serious allegations against a service member. The process involves sworn witness statements, multiple personnel reviewing the case, and an opportunity for the subject to submit evidence in their defense. The findings are compiled in a report, which can form the basis for further actions, including a court-martial.
“The Office of the Secretary of War, in conjunction with the Department of War’s Office of the General Counsel, is escalating the preliminary review of Capt. Mark Kelly, USN (Ret.), to an official Command Investigation. Retired Capt. Kelly is currently under investigation for serious allegations of misconduct,” a Department of War spokesperson said in a statement.
The investigation stems from a Nov. 18 video in which Kelly and five other members of Congress with military or intelligence backgrounds urged U.S. military personnel to refuse what they called “illegal orders” from President Donald Trump.
“Like us, you all swore an oath. … Our laws are clear, you can refuse illegal orders,” Kelly said in the video, while Rep. Chris Deluzio (D-Pa.) added, “You must refuse illegal orders.”
Trump responded sharply on social media, accusing Kelly of treason and suggesting he should face the death penalty for his statements. “This is really bad, and dangerous to our country. Their words cannot be allowed to stand,” Trump wrote on Nov. 20. “Seditious behavior from traitors!!! Lock them up???”
Following these comments, the Department of War announced it was reviewing Kelly’s record, eventually escalating the matter to a formal command investigation.
Kelly addressed the investigation on social media, asserting his commitment to public service. “We learned the Pentagon is escalating its review of me into ‘an official command investigation.’ If Donald Trump or Pete Hegseth think they can stop me from doing my job and serving the American people, they’ve got the wrong guy,” he wrote on X on Dec. 15.
Kelly is being represented by the law firm Arnold & Porter. In a letter to Secretary of the Navy John Phelan, Kelly’s attorney, Paul J. Fishman, defended him, stating: “To be clear: there is no legitimate basis for any type of proceeding against Sen. Kelly, and any such effort would be unconstitutional and an abuse of power.”
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