Hegseth orders Navy to review Sen. Kelly for 'potentially unlawful conduct'
Defense Secretary Pete Hegseth has asked the Navy secretary to review Democratic Sen. Mark Kelly's comments in a video to troops for "potentially unlawful conduct," according to a memo posted on social media by the Pentagon.
In the memo, Hegseth requests that the Navy review be completed and briefed to him "by no later than December 10."
Earlier this week, the Defense Department said it would be launching a "thorough review" into Kelly over the video.
In an appearance on 'Jimmy Kimmel Live,' that aired early Wednesday, Kelly blasted Hegseth, calling him unqualified and saying he just wants to please President Donald Trump.
"We recited something in the Uniform Code of Military Justice," Kelly said, referring to the comments in the video telling service members they were not required to follow unlawful orders. "And he is going to prosecute me under the Uniform Code of Military Justice for reciting the Uniform Code of Military Justice?"
"It is so ridiculous, it is like you can't make this ... up," Kelly said, using an expletive.
Kelly added, "Every one of us has First Amendment speech rights. I think the president is infringing on those and is sending a strong message: You don't want to cross him and your loyalty should be to him. It should not. It always should be to the Constitution."
Meanwhile, Hegseth continued to bash the Arizona senator, accusing him of incorrectly wearing his military medals and calling the video addressed to troops that Kelly and other Democratic lawmakers were in a "politically-motivated influence operation."
"So 'Captain' Kelly, not only did your sedition video intentionally undercut good order & discipline...but you can't even display your uniform properly," Hegseth said in a post shared on X on Tuesday.
Hegseth's post was in response to Kelly's statement on Monday regarding the Pentagon's alleged review, which included a photo of his military medals.
"Your medals are out of order & rows reversed. When/if you are recalled to active duty, it'll start with a uniform inspection," Hegseth added.
Along with criticizing Kelly's uniform, he called the video featuring the Arizona senator and other Democratic lawmakers -- which said military members could refuse illegal orders -- a "politically-motivated influence operation."
"The military already has clear procedures for handling unlawful orders. It does not need political actors injecting doubt into an already clear chain of command," Hegseth said on Tuesday.
Hegseth appears to be referring to the placement of Kelly's medals for overseas combat deployments in the photo that he posted on social media. In the photo, those medals appear on the second row of the ribbon rack instead of towards the end of the rack as required under the rules for the placement of all earned medals and ribbons.
Hegseth did not note that Kelly has earned valor devices on several of the medals shown in the photo which indicate that they were awarded for valor or heroism in battle.
The Defense secretary's comments mocking the retired U.S. Navy captain come after the Pentagon said it had "received serious allegations of misconduct" against Kelly -- days after President Donald Trump accused the Arizona senator and other Democratic lawmakers of "seditious behavior" for the video.
"In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures. This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings," according to a statement from the Department of Defense on Monday.
"The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels," the Pentagon said.
Kelly responded to the Pentagon's statement on Monday, saying this was the first time he had heard of the review.
"When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution. I upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space shuttle flights at NASA, and every day since I retired -- which I did after my wife Gabby was shot in the head while serving her constituents," Kelly wrote.
"Secretary Hegseth's tweet is the first I heard of this. I also saw the President's posts saying I should be arrested, hanged, and put to death," Kelly continued.
"If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won't work. I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution," Kelly added.
Hegseth on Monday called the six Democrats in the video the "Seditious Six" but explained why the probe is focused solely on Kelly.
"Five of the six individuals in that video do not fall under [Defense Department] jurisdiction (one is CIA and four are former military but not 'retired', so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ -- and he knows that," Hegseth posted on X.
All military officers who have retired after 20 years of service are able to be recalled to active duty, and if they are determined to have engaged in misconduct, they are subject to military prosecution -- potentially a court-martial.
Kelly served for 25 years in the Navy and at NASA, retiring in 2011.
The code referenced by the Defense Department could subject Kelly to an "administrative measure," which could include a reduction in rank -- and a reduction in his pension entitlement.
ABC News' Luis Martinez and Alexandra Hutzler contributed to this report.
