WASHINGTON — The Pentagon is reviewing “serious allegations of misconduct” against Democratic Sen. Mark Kelly after the Arizona lawmaker appeared in a video urging U.S. military personnel not to follow illegal orders. Kelly, a retired U.S. Navy captain and former astronaut, is the only one of the six lawmakers featured in the video who remains subject to the Uniform Code of Military Justice (UCMJ).
In a statement posted Monday on the Department of War’s X account, the Pentagon referenced federal law that allows retired service members to be recalled to active duty for court-martial or other disciplinary measures. While the announcement did not cite specific allegations, officials strongly suggested the review was triggered by Kelly’s comments.
“All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful,” the Pentagon’s statement said. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Kelly Responds: ‘I Won’t Be Intimidated’
Kelly said he first learned of the investigation through the Pentagon’s public post.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” he wrote on X. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Kelly served as a combat pilot during the Gulf War and later flew four space missions for NASA. Because he formally retired from the Navy, he remains legally subject to military recall and prosecution under the UCMJ — a rare but constitutionally upheld provision.
The Video That Sparked the Clash
The video, released last week by lawmakers with military or intelligence backgrounds, features Kelly alongside Sen. Elissa Slotkin and Reps. Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan. In it, they tell military personnel that U.S. law requires them to refuse unlawful orders.
“Like us, you swore an oath to protect and defend the Constitution,” the lawmakers say. “Right now, the threats… aren’t just from abroad but from right here at home.”
Kelly adds: “Our laws are clear. You can refuse illegal orders.”
Trump Accuses Lawmakers of ‘Sedition’
President Donald Trump reacted furiously to the video, calling the lawmakers’ statements “SEDITIOUS BEHAVIOR… punishable by DEATH” in a series of posts on Truth Social. He later walked back the comment in a Fox News interview, saying he was “not threatening death” despite the wording.
Defense Secretary Pete Hegseth reposted the Pentagon announcement on Monday, calling the video “despicable, reckless, and false” and referring to the lawmakers as the “Seditious Six.” Hegseth emphasized that Kelly was the only participant still within the Pentagon’s legal reach.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth wrote.
Rare and Controversial Use of Military Jurisdiction
Legal experts note that while the Pentagon has the authority to recall Kelly for a court-martial, such actions are extremely rare.
Georgetown law professor Steve Vladeck said the situation reveals “why court-martialing retirees is such a troubling practice,” even though federal courts have upheld the military’s constitutional authority to do so.
“Retired servicemembers remain theoretically subject to recall,” Vladeck said. “But it makes little sense to subject individuals to military jurisdiction in perpetuity.”
Democrats Defend Kelly
Democratic leaders condemned the Pentagon’s move as politically motivated. Senate Majority Leader Chuck Schumer accused Trump of turning the military into his “personal attack dog,” adding, “This is what dictators do.”
Arizona’s other senator, Ruben Gallego, also defended Kelly: “Mark told the truth — in America, we swear an oath to the Constitution, not wannabe kings.”
