WASHINGTON D.C. – In a move highlighting severe political-military tensions in the United States, Defense Secretary Pete Hegseth on Tuesday, November 25, 2025 (EAT), ordered a formal investigation into Arizona Senator Mark Kelly for what he termed “potentially unlawful comments.” The probe centres on a video in which Kelly, a retired Navy combat pilot and astronaut, reminded service members of their legal duty to refuse unlawful orders.

The order was issued via a public memorandum to the Secretary of the US Navy, John Phelan, a former private investment executive and Trump donor with no prior military experience. Hegseth has demanded a review of Kelly’s comments by December 10, 2025.

The controversy stems from a video posted online on November 18, 2025. In it, Senator Kelly and five other Democratic lawmakers, all with military or intelligence backgrounds, addressed uniformed personnel directly. “Our laws are clear. You can refuse illegal orders. You must refuse illegal orders,” the lawmakers stated, adding that threats to the US Constitution were coming from “right here at home.”

This public statement occurred amid heated debate over the legality of potential military actions under the Trump administration, including strikes on suspected drug smugglers in the Caribbean and the domestic deployment of troops for immigration enforcement in Democratic-run states.

A Test of Military Neutrality

The Pentagon’s investigation into a retired officer for restating established military law has been described by legal experts as highly unusual and potentially groundless. Under the US Uniform Code of Military Justice (UCMJ), service members are legally obligated to obey lawful orders but are also duty-bound to disobey unlawful ones. An order is considered lawful only if it adheres to the Constitution and US law and serves a valid military purpose.

Because Kelly is a retired Navy captain, he technically remains subject to the UCMJ and could, in theory, be recalled to active duty to face a court-martial. Hegseth, a former Fox News host and staunch Trump ally, stated that Kelly's “conduct brings discredit upon the armed forces and will be addressed appropriately.”

The incident is seen by analysts as a significant flashpoint in the increasingly strained relationship between America's civilian leadership and its traditionally apolitical military. Concerns over the politicization of the armed forces have grown, with critics fearing that demands for personal loyalty could supersede allegiance to the Constitution.

Global Implications of US Internal Strife

For Kenya and the East Africa region, such profound political instability within its primary security and economic partner carries significant weight. The reliability of the United States as an ally in counter-terrorism efforts, such as the campaign against al-Shabaab in Somalia, and as a partner in trade agreements like the African Growth and Opportunity Act (AGOA), depends on a stable and predictable US government.

A constitutional crisis that pits political leadership against the military command could distract from and disrupt long-standing international commitments. The current dispute underscores a volatile political environment where foundational norms are being challenged, creating uncertainty for allies who rely on consistent US foreign and security policy.

The controversy was amplified by conservative media outlets, which focused heavily on the lawmakers' video. This media storm coincided with President Trump signing the Epstein Transparency Act on November 19, 2025. The new law mandates the release of all government files related to the deceased sex offender Jeffrey Epstein. Despite its passage with overwhelming bipartisan support (427-1 in the House and by unanimous consent in the Senate), the event received less attention in some media circles than the uproar over the video, which prompted social media posts from the president calling the lawmakers' actions seditious.

The investigation into Senator Kelly is now a focal point in a larger national debate about the rule of law, the role of the military in a democracy, and the stability of American political institutions. The outcome will be closely watched by allies and adversaries alike for indications of the future direction of the United States on the world stage.