Overview
- The Pentagon said its preliminary review is now an official command investigation into serious misconduct allegations tied to Kelly’s role in a video about unlawful orders.
- The move follows a Navy report sent for legal review and could allow a recall to active duty for court‑martial or administrative measures under the UCMJ and 18 U.S.C. § 2387.
- In a letter to Navy Secretary John Phelan, attorney Paul J. Fishman warned there is no legitimate basis for proceedings and threatened immediate legal action to halt them.
- Kelly said he has not received formal notice of any investigation and denounced the effort as an abuse of power after his message asserting troops may refuse illegal orders.
- President Trump branded the video “seditious,” while legal experts say any prosecution or recall targeting a sitting senator would face significant First Amendment and Speech or Debate hurdles.