Sen. Mark Kelly clashes with Hegseth over Pentagon’s investigation into him

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Sen. Mark Kelly clashes with Hegseth over Pentagon’s investigation into him

ANNE FLAHERTY

Tue, December 16, 2025 at 9:12 PM UTC

3 min read

Democratic Sen. Mark Kelly on Tuesday called Defense Secretary Pete Hegseth's investigation into him a "bunch of bull****" and said he believes it's about sending a message to retired service members not to speak out against the president.

"This is very performative for him," Kelly told reporters about the investigation.

Chip Somodevilla/Getty Images - PHOTO: Sen. Mark Kelly arrives for a closed door meeting on Capitol Hill, Dec. 16, 2025.
Chip Somodevilla/Getty Images - PHOTO: Sen. Mark Kelly arrives for a closed door meeting on Capitol Hill, Dec. 16, 2025.

Kelly said Hegseth raised the investigation during a closed-door briefing to senators on the military's campaign in the Eastern Pacific and Caribbean Sea targeting boats believed to be carrying drugs. According to Kelly, he asked a question about the boat strikes and Hegseth responded by chastising Kelly and other democratic lawmakers for posting a video urging troops not to follow illegal orders.

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Hegseth asked Secretary of the Navy John Phelan to review Kelly for "potentially unlawful conduct" after the Arizona senator was featured in the video with five other Democrats who have served in the military and U.S. intelligence.

Group of Democratic senators pen letter to Navy secretary condemning Sen. Mark Kelly review

The Pentagon confirmed Tuesday in a prepared statement that it was "escalating" its review into Kelly from a preliminary review to an official "command investigation."

Hegseth has said he believes the video by Kelly and others created confusion among troops and could encourage insubordination. Hegseth said he's looking into whether the military should call Kelly, a retired Navy captain, back to active duty to face a court martial or some kind of administrative punishment.

Jonathan Ernst/Reuters - PHOTO: Secretary of Defense Pete Hegseth arrives for a classified briefing for all members of the U.S. House of Representatives on the situation in Venezuela, on Capitol Hill in Washington, December 16, 2025.
Jonathan Ernst/Reuters - PHOTO: Secretary of Defense Pete Hegseth arrives for a classified briefing for all members of the U.S. House of Representatives on the situation in Venezuela, on Capitol Hill in Washington, December 16, 2025.

On Monday, Kelly's attorney, Paul Fishman, said in a letter to Phelan that if the Trump administration moves ahead with proceedings against Kelly in any forum, "all appropriate legal action" will be taken.

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"To be clear: there is no legitimate basis for any type of proceeding against Senator Kelly, and any such effort would be unconstitutional and an extraordinary abuse of power. If the Executive Branch were to move forward in any forum—criminal, disciplinary, or administrative—we will take all appropriate legal action on Senator Kelly’s behalf to halt the Administration’s unprecedented and dangerous overreach," Fishman wrote in the letter obtained by ABC News.

Democrats defend message to troops as Trump, officials suggest they be punished

Kelly said he hasn't heard anything from the Defense Department since he retired in 2011 when he was recognized for his 25 years of service.

"This is all bunch of bull****," Kelly said Tuesday.

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Kelly later added: "This is just about sending a message to retired service members, active duty service members, government employees -- do not speak out against this president, or there will be consequences."

The Pentagon did not immediately respond to a request for comment on Kelly's remarks to reporters on Tuesday.

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