The Navy on Thursday completed a review of Arizona Sen. Mark Kelly’s comments in a Nov. 18 video urging troops not to carry out illegal orders.
The investigation was launched by Defense Secretary Pete Hegseth, who accused Kelly and five other Democrats in a video of encouraging insubordination.
Hegseth, who called the group the “Inciting Six,” said he is now considering whether Kelly should face a court-martial or some kind of administrative proceedings. Kelly is the only former military member of the six Democrats who has reached active-duty retirement age, which requires more than 20 years of service. Kelly, a retired U.S. Navy captain who flew combat missions during Desert Storm, still receives benefits from the Department of Defense, which Hegseth oversees.
Kelly, a former NASA astronaut, said he has not been informed of any actions against him.
If Hegseth chooses to take action, there is no deadline for his response. It’s unclear exactly what the Navy’s review of Kelly concluded. Officials declined to release details of the Navy report, citing privacy laws.
More: Admiral ousted by Hegseth talks privately with lawmakers
On Nov. 24, Hegseth issued a lengthy statement on the department’s official X account, accusing Kelly of “serious allegations of misconduct” and threatening to recall Kelly from active duty to face the charges. He cited a federal law that prohibits conduct that interferes with “the loyalty, morale, or good order and discipline of the armed forces.”
Although the Nov. 24 statement noted that “further official comment will be limited in order to preserve the integrity of the proceeds,” Hegseth continued to discuss the matter on social media, accusing him of wearing the medals in the incorrect order in the photo.
“When/if you are called back to active duty, a uniform inspection will be the first thing you do,” Hegseth posted on X on November 25.
Tom Williams/CQ-Roll Call via Getty Images – Photo: Defense Secretary Pete Hegseth arrives for a briefing with Senate leaders at the U.S. Capitol on Dec. 9, 2025.
While Hegseth could recall Kelly to active duty and charge him in a court-martial, that is unlikely due to legal obstacles.
Legal experts say it’s unclear whether Kelly broke any laws by reminding troops not to comply with illegal orders, an accurate statement. Experts also say using the court-martial process to charge a sitting U.S. senator with crimes that occurred while he was in office would face significant legal challenges.
Notably, Hegseth’s personal attorney, Tim Parlatore, acknowledged that a court-martial, while possible, would be legally confusing.
In a recent interview with far-right activist and Trump supporter Laura Loomer, Parlatore said the Constitution prohibits someone from serving in both branches. In this case, if Kelly was recalled to active duty (part of the executive branch), he would not be able to simultaneously serve as a senator (part of the legislative branch).
Invoking that option “could lead to separation of powers issues, and I could see a lot of litigation over that in district court,” Parlattore said.
Hegseth could try to lower Kelly’s rank or change his assignment to “non-honorary” — a move that would reduce or eliminate his retirement benefits.
Parlatore also noted in his interview with Loomer that while trying to court-martial Kelly could be difficult, he could seek administrative sanctions, including a letter of reprimand or a demotion.
Doing so is a nod to Trump supporters who oppose the criminal prosecution of dozens of veterans and active-duty service members in connection with the Jan. 6, 2021, riot at the Capitol. While some veterans received minor punishments, others accused of violence were demoted and dismissed from the military.
On his first day in office, Trump offered a “full, complete and unconditional pardon” to anyone convicted of riot-related crimes.
