# Pentagon launches investigation of misconduct against Sen. Mark Kelly

**URL:** <https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [November 24, 2025, 6:41pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101 "2025-11-24T18:41:47Z")\
**Posts on this page:** 20\
**Page:** 10

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**Author:** ![Marvin\_the\_Martian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/marvin_the_martian/32/2898_2.png) [@Marvin\_the\_Martian](https://boards.straightdope.com/u/Marvin_the_Martian)\
**Post date:** [December 11, 2025, 6:41pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/181 "2025-12-11T18:41:30Z")

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Update on the process, but no real news:

> **[Navy delivers report to Hegseth on potential punishment for Sen. Mark Kelly...](https://www.cnn.com/2025/12/11/politics/navy-report-kelly-illegal-orders-video)**
>
> The US Navy has submitted its recommendations on potential punishments for Democratic Sen. Mark Kelly over his participation in a video that reminded US troops they have a duty to refuse illegal orders, a Pentagon official told CNN on Thursday.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [December 11, 2025, 11:37pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/182 "2025-12-11T23:37:59Z")

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From that article:

> Late last month, Hegseth requested advice from the Navy Secretary, who oversees the military branch Kelly served in for more than two decades, on how to proceed to potentially punish Kelly for participating in the video, which Hegseth has claimed amounted to serious violations of the military’s code of justice.

I honestly expect that the response was along the lines of, “What do you want me to write in the advice I’m giving to you?” I doubt Hegseth has any interest in any legitimate advice from anyone, or the issue wouldn’t have gotten this far in the first place.

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**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [December 12, 2025, 3:17pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/183 "2025-12-12T15:17:12Z")

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> [@Atamasama](#):
>
> I honestly expect that the response was along the lines of, “What do you want me to write in the advice I’m giving to you?”

"I’m not able to give you any advice for fear that doing so may cause me to violate the same code(s) you’ve implied (imagined?) Sen. Kelly violated. "

IOW, Hegseth has implied that Kelly violated the UCMJ by quoting/paraphrasing part of it. How is the Navy Secretary supposed to recommend charges without violating Hegseth’s imaginary rule and risk finding himself in the same boat as Kelly?

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [December 14, 2025, 9:23pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/184 "2025-12-14T21:23:47Z")

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Facts are a real problem for the Trump administration. Speak the truth (as Kelly did) and get punished for it.

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**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [December 14, 2025, 9:35pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/185 "2025-12-14T21:35:23Z")

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> [@Joey\_P](#):
>
> How is the Navy Secretary supposed to recommend charges without violating Hegseth’s imaginary rule and risk finding himself in the same boat as Kelly?

Come to think of it, Hegseth and Trump would probably prefer Kelly and the Navy Secretary be in the same boat, preferably out in the open water, off the coast of Venezuela.

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [December 16, 2025, 11:38am UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/186 "2025-12-16T11:38:31Z")

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In theory, if they give him the right answer the Secretary will be fine. But since Trump and his crew are backstabbing slime….

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**Author:** ![Son\_of\_a\_Rich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/son_of_a_rich/32/5439_2.png) [@Son\_of\_a\_Rich](https://boards.straightdope.com/u/Son_of_a_Rich)\
**Post date:** [December 17, 2025, 12:29am UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/187 "2025-12-17T00:29:54Z")

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What would this “investigation” look like? They watch the video a few more times, and then the book that was being referenced in the video? And with Kegsbreath himself talking about disobeying unlawful orders in an old video, this thing can’t go anywhere.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [December 17, 2025, 1:15am UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/188 "2025-12-17T01:15:25Z")

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I think the point is to announce an investigation, to look like tough guys you **don’t** want to mess with.

And then it will quietly go away while Trump does some other crazy illegal thing that people will pay attention to.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [December 17, 2025, 1:30am UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/189 "2025-12-17T01:30:22Z")

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> [@Son\_of\_a\_Rich](#):
>
> What would this “investigation” look like?

Call him into question him. But since he is a Senator, that is tough.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [December 17, 2025, 5:09pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/190 "2025-12-17T17:09:38Z")

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> [@DrDeth](#):
>
> Call him into question him.

Was that you on the video? Yes. Did you say it? Yes, I did.

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**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\
**Post date:** [December 17, 2025, 7:57pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/191 "2025-12-17T19:57:39Z")

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> [@DrDeth](#):
>
> Call him into question him. But since he is a Senator, that is tough.

I figure Sen. Kelly would jump at the chance for some free Presidential Campaign Publicity.

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**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\
**Post date:** [January 5, 2026, 3:09pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/192 "2026-01-05T15:09:30Z")

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The drunk tv host censures Kelly and docks his retirement pay.

> **[Hegseth censures Sen. Kelly after warning about following illegal orders](https://apnews.com/article/hegseth-kelly-illegal-orders-censure-eaf323b868c118ef490dff7dc667c561)**
>
> Defense Secretary Pete Hegseth has announced that he is issuing a letter of censure to Democratic Sen.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [January 5, 2026, 3:19pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/193 "2026-01-05T15:19:26Z")

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Where did it say he’s docking his pay? I don’t think he can do that without going through a full court martial.

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**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\
**Post date:** [January 5, 2026, 3:31pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/194 "2026-01-05T15:31:27Z")

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Ah maybe it hasn’t happened yet. Kegsbreath tweeted that “the [Defense] department has initiated retirement grade determination proceedings… with reduction in his retired grade resulting in a corresponding reduction in retired pay.”

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [January 5, 2026, 3:35pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/195 "2026-01-05T15:35:16Z")

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Tweets are meaningless. There are well established processes for things like this in the DoD, and they don’t involve Twitter. If they court martial him, he is entitled to a trial and a defense.

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**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\
**Post date:** [January 5, 2026, 3:46pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/196 "2026-01-05T15:46:58Z")

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I think they can administratively reduced his retired rank (grade) due to unsatisfactory service. That has the effect of reducing his pay.

So it looks like it hasn’t happened, but starting the paperwork which is all that’s required.

Late: none of this is normal, obviously. The process is, though.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [January 5, 2026, 4:11pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/197 "2026-01-05T16:11:14Z")

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I’m pretty sure they can’t do any of this on a whim - there is due process, which means defense, jury, appeals, etc.

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**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\
**Post date:** [January 5, 2026, 4:14pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/198 "2026-01-05T16:14:22Z")

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> [@iiandyiiii](#):
>
> there is due process, which means defense, jury, appeals, etc.

It’s a strictly administrative process, so in fact, no legal due process at all.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [January 5, 2026, 4:16pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/199 "2026-01-05T16:16:49Z")

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If it reduces his rank/pay, he will have a chance to defend or appeal.

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**Author:** ![gnoitall](https://avatars.discourse-cdn.com/v4/letter/g/bb73d2/32.png) [@gnoitall](https://boards.straightdope.com/u/gnoitall)\
**Post date:** [January 5, 2026, 4:24pm UTC](https://boards.straightdope.com/t/pentagon-launches-investigation-of-misconduct-against-sen-mark-kelly/1025101/200 "2026-01-05T16:24:56Z")

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He can probably sue under the Administrative Procedure Act, but I don’t know if the internal retirement board process has any appeals built into it.

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