Hegseth's office 'escalating' probe of Sen. Mark Kelly, Pentagon says [View all]

The Pentagon said Monday night that Defense Secretary Pete Hegseth is “escalating” his review of Sen. Mark Kelly’s involvement in a video he and other Democratic lawmakers made reminding service members of their duty to disobey illegal orders — an unprecedented use of the military justice system to investigate a political adversary.

In a statement, the Defense Department said it was elevating what had been a “review” to an “official Command Investigation” to be carried out at least in part by the Pentagon general counsel’s office. The change signals a more formal effort by Hegseth to scrutinize the Democratic senator from Arizona, who is a retired Navy officer and outspoken critic of the Trump administration.

Within the military, such investigations seek to determine whether disciplinary action — or potential legal action — is warranted, according to a handbook from the Naval Justice School. They typically last about 30 days and can involve documenting evidence and conducting interviews with relevant witnesses.

Military law experts and Democratic lawmakers have said that, although retired military officers can be recalled to active duty, Hegseth’s inquiry into Kelly is a highly unusual use of the military justice system. Some Republicans have also questioned the investigation’s merit.

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