Listen to the article
The Department of War announced Tuesday it is investigating “potentially unlawful conduct” by Senator Mark Kelly, D-Ariz., in connection with a controversial video titled “Don’t Give Up the Ship” that critics claim encouraged treasonous behavior from military service members.
In a letter addressed to Secretary of the Navy John Phelan, War Secretary Pete Hegseth requested a thorough review of Kelly’s comments in the video, which was released on or about November 18, 2025. Hegseth has demanded an update on the investigation by December 10.
“The Department of War recently received information regarding potentially unlawful comments made by CAPT (Ret) Mark E. Kelly in a public video,” Hegseth wrote. “I am referring this, and any other related matters, for your review, consideration, and disposition as you deem appropriate.”
Senator Kelly, a retired Navy captain with a distinguished military career, is the highest-ranking veteran featured in the “Don’t Give Up the Ship” video. The Department directed the investigation to the Navy Secretary because Kelly served in that branch before entering politics.
The video has generated significant controversy in military and political circles, with critics arguing it crosses ethical boundaries by potentially encouraging service members to defy orders or military protocols. Military regulations strictly prohibit active and retired personnel from certain forms of political activity, particularly those that could undermine chain of command or military discipline.
Several other prominent Democratic lawmakers and officials also appeared in the video, including Rep. Jason Crow of Colorado, a former Army O-3; Rep. Chrissy Houlahan of Pennsylvania, a former U.S. Air Force O-3; White House national security adviser Eric Goodlander, who currently serves as a Naval Reserve officer; Rep. Elissa Slotkin of Michigan, a former CIA analyst; and Rep. Chris Deluzio of Pennsylvania, an E-5 in the Army National Guard Reserves.
The investigation comes at a politically sensitive time, as tensions between civilian leadership and the military have intensified in recent months over issues ranging from military readiness to the politicization of the armed forces. Military legal experts note that while retired officers retain First Amendment rights, they remain subject to certain provisions of the Uniform Code of Military Justice.
This case could potentially set important precedents regarding the boundaries of political speech for retired military officers, especially those who have transitioned to elected office. The military has historically maintained strict neutrality in partisan politics, with regulations designed to prevent the appearance of military endorsement of political candidates or parties.
When contacted by Fox News Digital, Senator Kelly’s office did not immediately respond to requests for comment on the investigation. The Department of War also declined to provide additional details, noting that the review is ongoing.
Military law experts suggest that potential consequences, if misconduct is found, could range from a formal reprimand to more serious administrative actions, though the Department has not indicated what specific violations they are investigating or what penalties might be considered.
The phrase “Don’t Give Up the Ship” has historical significance in the U.S. Navy, originating from the dying command of Captain James Lawrence during the War of 1812. The context in which this motto was used in the video appears to be at the center of the controversy.
As the December 10 deadline approaches, both military and congressional observers are closely watching this case for its implications on the relationship between military service, political office, and the boundaries of protected speech for those who have worn the uniform.
The Department of War has indicated this is an active investigation, and further details may emerge as the review progresses.
Fact Checker
Verify the accuracy of this article using The Disinformation Commission analysis and real-time sources.
8 Comments
As a supporter of the military, I hope this investigation is carried out fairly and transparently. It’s crucial that all service members, even high-ranking veterans, are held to the same standards of professionalism and loyalty. The public deserves to know the facts about what happened here.
The ‘Don’t Give Up the Ship’ video has certainly stirred up a lot of debate. While freedom of speech is important, serving military members must uphold strict codes of conduct. I’ll be interested to see how the Department balances those principles in their investigation of Senator Kelly’s remarks.
Interesting development. Senator Kelly’s military background gives his comments in the video extra weight and potential influence. The Department is right to examine this closely to ensure there was no breach of protocol or abuse of his platform as an elected official. Looking forward to hearing their conclusions.
This is a complex issue that deserves careful examination. On one hand, Senator Kelly is a decorated veteran exercising his free speech rights. On the other, his remarks could be seen as undermining military discipline. The Department’s investigation will need to carefully weigh those competing considerations.
This is certainly a concerning situation. As a former naval officer, Senator Kelly’s comments in the video merit a thorough investigation to ensure they were within legal and ethical bounds. I’m curious to hear the Department’s findings and their perspective on the implications for military discipline and civilian oversight.
I’m glad the Department is taking this seriously and conducting a thorough review. While freedom of speech is important, serving members of the military must adhere to strict codes of conduct. The public needs to have confidence that all service members, regardless of rank or status, are held to the same high standards.
As someone with a strong military background, I’m concerned about the potential impact of Senator Kelly’s comments, even if they were well-intentioned. The Department must ensure there was no breach of protocol or misuse of his position. Upholding discipline and loyalty in the armed forces is paramount.
This seems like a politically charged situation that warrants a measured, non-partisan investigation. While free speech is important, there are legitimate concerns about a former naval officer potentially undermining military discipline and loyalty through public statements. The Department will need to tread carefully.