SouthernWorldwide.com – Secretary of War Pete Hegseth indicated on Sunday that Senator Mark Kelly, D-Ariz., might have breached his oath of office through public statements made to a news outlet following a classified briefing.
Kelly had told Margaret Brennan on “Face the Nation” that it was “shocking how deep we have gone into these magazines” when questioned about the Pentagon’s updates to lawmakers regarding the Iran war’s impact on U.S. weapons stockpiles.
The senator elaborated to Brennan that the Tomahawks, Army Tactical Missile System (ATACMS), RIM-161 Standard Missile 3 (SM-3), Terminal High Altitude Area Defense (THAAD) rounds, and Patriot rounds used for U.S. defense have been significantly depleted. He added that replenishing these stockpiles could take years, potentially affecting a hypothetical U.S. conflict with China.
In response, Hegseth raised concerns about whether Kelly, a former Navy pilot, might have violated his oath. He also stated that the Pentagon’s legal counsel would be reviewing Kelly’s comments.
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“‘Captain’ Mark Kelly strikes again,” Hegseth posted on X.
“Now he’s blabbing on TV (falsely & dumbly) about a *CLASSIFIED* Pentagon briefing he received,” he continued. “Did he violate his oath… again? @DeptofWar legal counsel will review.”
Senator Kelly countered, asserting that Hegseth himself had revealed similar information during a recent public hearing and that it was not classified.
“We had this conversation in a public hearing a week ago and you said it would take ‘years’ to replenish some of these stockpiles,” Kelly responded on X. “That’s not classified, it’s a quote from you. This war is coming at a serious cost and you and the president still haven’t explained to the American people what the goal is.”
This exchange occurs amidst an ongoing dispute between Hegseth and Kelly, which has spanned several months. The disagreement centers on Senator Kelly’s participation in a video with several Democratic colleagues in Congress, urging U.S. military members to disregard “illegal” orders.
The Department of Justice (DOJ) had initiated an investigation into a video posted online that featured six Democratic lawmakers calling on troops and members of the intelligence community to defy illegal orders from the federal government. All of the lawmakers involved had prior military service or experience in intelligence agencies.
In addition to Kelly, the other lawmakers featured in the video were Senators Elissa Slotkin of Michigan, and Representatives Chris Deluzio and Chrissy Houlahan of Pennsylvania, along with Representatives Maggie Goodlander of New Hampshire and Jason Crow of Colorado.
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“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the lawmakers stated in the video. “Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats coming to our Constitution aren’t just coming from abroad but from right here at home. Our laws are clear. You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”
In February, grand jurors decided not to approve charges against the lawmakers.
In November, the Pentagon commenced an investigation into Kelly. This action was based on a federal law that permits retired service members to be recalled to active duty by order of the Secretary, potentially facing court-martial or other disciplinary actions.
Hegseth had previously censured Kelly and attempted to retroactively demote him from his retired rank of captain due to his involvement in the video. The video itself affirmed that refusing unlawful orders is a standard component of military protocol.
However, a federal court ruling subsequently blocked the Pentagon’s attempt to demote the lawmaker over the video. The court also concluded that the Pentagon likely infringed upon Kelly’s First Amendment rights, as well as those of “millions of military retirees,” when it formally censured him on January 5.
Hegseth subsequently filed an appeal against this ruling.
Last week, a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit heard oral arguments and appeared largely skeptical of Hegseth’s efforts to penalize Kelly for the video.
“I will not back down from this fight,” Kelly declared following the hearing.
President Donald Trump had accused the lawmakers of being “traitors” who engaged in “sedition at the highest level” and stated they “should be in jail” after the video’s release last fall. He even suggested they should face execution for the video, although he later attempted to retract that comment.
Senator Slotkin, who has a background in the CIA and Pentagon, received a bomb threat just days after the video and Trump’s subsequent remarks suggesting the Democrats should be executed.
