Senate Republicans are growing increasingly uneasy about the Pentagon investigation after Defense Secretary Pete Hegers announced that his office was escalating its investigation into Arizona Democratic Sen. Mark Kelly.
The Department of Defense announced on Monday that the review of Kelly had been elevated to an “official command investigation,” intensifying a dispute over the role Kelly and other congressional Democrats played in a video intended to remind service members of their obligation to comply with illegal orders.
The news also gave pause to some Republicans, who questioned whether the Pentagon made a prudent decision to target one of their colleagues.
“I think it’s a terrible idea,” said Sen. Rand Paul (R-Ky.).
Paul is one of five Senate Republicans who have expressed reservations about the Hegers-led investigation into Kelly, a retired Navy captain.
Kelly has come under fire from the administration for nearly a month after she appeared in a video with Sen. Elissa Slotkin (D-Mich.) and Democratic Reps. Jason Crow (Colo.), Chris Deruzio (Pennsylvania), Maggie Goodland (N.H.) and Chrissy Hoolahan (D-Pa.) that prompted a flurry of comments.
Trump also called for the execution of six lawmakers, a comment he walked back.
Days after Democrats released the joint video, the Defense Department said it had received “serious allegations of misconduct” against Kelly and was beginning a “thorough review” of the allegations. Hegseth ordered the Navy to complete the review and submit it to the Defense Department by Dec. 10.
The Navy last week submitted a report on Kelly’s potential punishment to the Defense Department’s Office of General Counsel. The content and scope of the report are unclear.
What has not been withdrawn is the investigation, which some Senate Republicans believe may have no merit.
“I don’t agree,” Sen. Susan Collins, R-Maine, said when asked if she was comfortable with the expanded investigation. “He is protected by the Speech and Debate Clause.”
Hegseth appeared on Capitol Hill with Secretary of State Marco Rubio on Tuesday to brief lawmakers on the administration’s targeting of ships near Venezuela. Sen. Josh Hawley, R-Mo., said Hegers and Kelly engaged in a “long back-and-forth” during the briefing.
The altercation began with a legitimate question to Kelly but turned into a drawn-out discussion with Republican members complaining about Kelly’s “obstruction” during a confidential briefing when other attendees asked questions, according to a Senate Republican.
Kelly said Hegers came up with “talking points” about the video when he asked Pentagon chiefs about attacks on suspected drug ships in the Caribbean.
“I think, for me, [Hegseth] Kelly said after the briefing, he went in and delivered some of the speeches he wanted to deliver. He added, “I will not waste my colleagues’ time on matters that are personal to me.”
Kelly told reporters after the briefing that the Pentagon had still not contacted him about the investigation, arguing that the Pentagon was targeting him “because of legitimate things I said.”
“This is a bunch of bullshit — and I think that’s because it just sends a message to retired military, active duty military, government employees: Don’t speak out against this president at your own peril,” he said.
Kelly’s attorney, Paul Fishman, warned that the Pentagon’s actions against Democrats “would be unconstitutional and a gross abuse of power.”
“If the executive branch is to move forward in any forum – criminal, disciplinary or administrative – we will take all appropriate legal action on behalf of Senator Kelly to stop the administration’s unprecedented and dangerous overreach,” Fishman wrote.
When reached for comment, the Pentagon said it had no further comment and referred Congress to Monday’s statement.
Senate Republicans worry that Hegseth’s actions set a precedent that could backfire on the party.
“These members will remain in office after this administration is gone. We are setting a precedent that everyone should expect could be used against them,” one Republican senator told The Hill.
“Yes – he made a video,” they continued. “But I don’t think it’s yet to the level that they want to be. It does seem to me like a retaliatory prosecution, and that’s a bad message to send to the American people.”
Kelly is the only one of the six MPs who falls under the remit of the Department of Defense. The other four are former military personnel but not retired like Kelly. Slotkin is a former CIA officer.
Even some Republicans, the president’s more ardent supporters, say they have questions about whether an investigation is necessary.
Sen. Lindsey Graham (R-S.C.) told reporters he thought Kelly’s involvement in the video was “very smart.”
“But I don’t know if that breaks any laws,” he added.
Sen. Dan Sullivan (R-Alaska), a retired Marine, was equally critical of Kelly’s involvement. Still, he warned that he didn’t think the investigation was “a good use of the Pentagon’s time.”
“While Senator Sullivan believes the information in the video is irresponsible and politically driven, he believes the Pentagon’s time would be a poor use of investigating Senator Kelly – who served honorably in the Navy – under UCMJ [Uniform Code of Military Justice]especially given that the speech or debate clause of the Constitution may take precedence over any provision of the UCMJ,” Sullivan’s spokesperson said in a statement.
“Such an investigation has the potential to become a major distraction to our military,” they continued. “Four years after Biden awakened the military, the Department of the Army needs to continue to focus on lethality and war.”
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