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The Pentagon is intensifying its scrutiny of Sen. Mark Kelly by escalating its review of his involvement in a controversial video into a formal Command Investigation.

Some shit you should know before you dig in: Last month, Arizona Senator Mark Kelly participated in a video alongside five other Democratic lawmakers, all former members of the military or intelligence community, in which they directly addressed active-duty service members and intelligence personnel. In the video, they stated that “our laws are clear” and that service members can and must refuse illegal orders. The video, posted to the social media platform X, did not identify any specific orders the lawmakers considered illegal, but was framed as a reminder of long-standing obligations under military law. The video angered President Trump, who labeled the lawmakers’ message as “seditious behavior,” claimed it was punishable by death, and accused them of being traitors. Shortly after Trump’s comments, Defense Secretary Pete Hegseth announced that the Pentagon would open a review into what he described as “serious allegations of misconduct” and “potentially unlawful comments” by Kelly. The Pentagon says it has the authority to conduct this review because Senator Kelly remains subject to certain military laws due to his prior service.

What’s going on now: In a notable development, the Pentagon has escalated its preliminary review into a formal“Command Investigation,” a significantly more serious military probe typically reserved for internal disciplinary matters. The investigation, led by the Pentagon’s general counsel and initiated by Defense Secretary Pete Hegseth, could result in Kelly being recalled to active duty to face court-martial or other administrative measures under the Uniform Code of Military Justice. Critics argue the move is unprecedented and politically motivated, particularly given Kelly’s status as a sitting US senator and a retired Navy captain.

Senator Kelly, who says he learned about the investigation not from the Pentagon but through social media and conservative media reports, has publicly dismissed the probe’s legitimacy. “From my perspective, it doesn’t seem very serious, though we do have to take this seriously,” Kelly said in a recent interview. “I’ve actually heard nothing,” he added. Despite that, Kelly said he is preparing a strong legal defense, stating, “I’ve got attorneys, and we’re going to, you know, mount a strong defense.” He went further, framing the probe as a targeted attempt to silence him: “This is all about escalation and intimidation. But in this case, they got the wrong guy.”

This comes as every Democratic member of the Senate Armed Services Committee has publicly called on the Department of Defense to immediately drop the investigation. Lawmakers argue that launching a Command Investigation against a sitting senator for speaking about the law sets a dangerous precedent and risks politicizing military justice.