On December 16, 2025, the Pentagon confirmed that it is escalating its review of Democratic Senator Mark Kelly from a preliminary assessment to an official command investigation. This decision follows remarks made by Defense Secretary Pete Hegseth during a closed-door briefing regarding military operations in the Eastern Pacific and Caribbean Sea, where he addressed Kelly's involvement in a video that encouraged troops to resist illegal orders.

Senator Kelly criticized the investigation as performative and suggested it serves to intimidate retired and active service members from voicing dissent against the administration. He stated that Hegseth's actions were a response to his inquiries about military operations, which he believes were mischaracterized as potentially unlawful conduct.

In the context of this investigation, Hegseth has indicated that the video featuring Kelly and other Democratic lawmakers could create confusion among troops and lead to insubordination. He has proposed reviewing whether Kelly, a retired Navy captain, should be called back to active duty for a court martial or face administrative penalties.

Kelly's attorney, Paul Fishman, has asserted that any proceedings against Kelly would lack a legitimate basis and could be deemed unconstitutional, warning of potential legal action should the administration pursue such measures. Kelly emphasized that the investigation appears to be a warning to military personnel and government employees against opposing the president, highlighting concerns about the implications for free speech and dissent within the military ranks.

The Pentagon has not publicly responded to Kelly's comments regarding the investigation.