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Democratic senators call probe into Kelly an 'abuse of power'

Pentagon accuse AZ senator of misconduct

By: James Powel
Rebecca Morin
and Ronald J. Hansen
USA today Network

..... Senate Democrats on the chamber's Armed Service Committee called the Pentagon's Investigation into Senator Mark Kelly, D-Arizona, "an outright, brazen abuse of power" in a letter sent to Secretary of Navy John Plelan on December 9. [2025]
..... "We believe this 'review' along with the Department of Defense's social media post announcing a 'thought review' of Senator Kelly's actions ... amount to a purely political exercise seeking to threaten legitimate and lawful actions by a duly elected Senator, and politicize our military justice system," according to the letter provided to USA Today.
..... The Pentagon announced on November 24 [2025] that it was investigating Kelly for "serious allegation of misconduct." The announcement came after Kelly joined five other lawmakers who released a video on November 18 [2025] telling service members they have the right to not obey orders they believe are illegal.
..... The letter notes hat while military retirees generally remain subject to the Uniform code of Military Justice, it calls a potential disciplinary action for "restarting the law as articulated in the UCMJ" an "incredibly dangerous precedent."
..... A November memo posted by the Department of Defense, under the moniker of the Department of War, states that Phelan is to brief Secretary of War Pete Hegseth on the investigation "no later than December 10. [2025]
..... USA Today reached out to Phelan's office for a respond and did not receive an immediate response. a representative for the Republicans on the committee also did not immediately respond to a request for comment.
..... The letter points to social media posts and public comments made by President Donald Trump and Hegseth to call the investigation "baseless and patently political."
..... "While the Department's official statement suggests that the 'review' will be conducted 'ensuring due process and impartiality," the President and his subordinates have made air proceedings impossible," the letter reads.
..... President Donald Trump accused the lawmakers in the video of 'DEDITIOUS HEHAVOR, punishable by DEATH!" in a November 20 [2025] post on Truth Social but later claimed that he wasn't "threatening death" on them in a November 21 [2025] interview on Fox News Radio.
..... The letter is signed by 12 of the 13 Democrats on the committee, with Kelly being the lone member of the minority who didn't sing. USA Today reached out to Kelly for comment and did not receive an immediate response.
..... Kelly scoffed at the possibility of facing a court-martial stemming form the investigation as he reduced Trump and Hegseth as unserious people during December 5 [2205] town hall event in Tucson, Arizona.
..... The former Navy combat pilot told the 200 people on hand that he expects Hegseth" is just going to take a hike" on a court-martial.
..... "It's certainly unconstitutional," Kelly said. "They're not serious people and I'm not backing down."
..... Legal and military experts previously told USA Today that a case against Kelly faces major hurdles and would likely be "dead on arrival" in military courts.

..... Contributing: Josy Garrison: USA Today

..... James Powel and Rebecca Morin write for USA today; Ronald J. Hansen writes for The Arizona Republic

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