The Pentagon says it is investigating Sen. Mark Kelly, D-Ari., over possible breaches of military law after Kelly joined a handful of other lawmakers in a video that called for U.S. troops to refuse unlawful orders. (Eric Kayne/Stars and Stripes)
WASHINGTON — The Pentagon announced Monday that it has launched a review of “serious allegations of misconduct” against Democratic Sen. Mark Kelly, of Arizona, a retired Navy captain who told troops they could refuse unlawful orders.
The announcement comes a week after Kelly participated in a video alongside five other Democratic veterans urging service members to remember their oaths to the Constitution and disobey illegal orders.
President Donald Trump was infuriated by the 90-second video and in a series of posts on social media called the lawmakers “traitors” whose “seditious behavior” should be “punishable by DEATH!”
The Pentagon said it has initiated a “thorough” review of the allegations against Kelly to determine further actions, which could include a recall to active-duty service for court-martial proceedings or administrative measures.
The statement suggested Kelly could have violated federal laws that prohibit actions “intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”
Defense Secretary Pete Hegseth on Monday described the video as “despicable, reckless, and false,” and said it encouraged troops to ignore the orders of their commanders.
Kelly appeared in the video alongside Sen. Elissa Slotkin, D-Mich., and Reps. Jason Crow, D-Colo.; Maggie Goodlander, D-N.H.; Chris Deluzio, D-Pa.; and Chrissy Houlahan, D-Pa.
Hegseth said Kelly, a former fighter pilot for the Navy who later became an astronaut, was the only lawmaker in the group who remained subject to the Uniform Code of Military Justice “and he knows that.”
Hegseth alleged that Kelly explicitly used his rank and service affiliation to lend “the appearance of authority to his words” in a “screed” that sowed doubt and confusion and put service members in danger.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth said in a post on X.
A Defense Department spokesperson said the department did not have any additional comment.
In the video, Kelly addresses the military and intelligence community, saying “Like us, you swore an oath.” He later states, “Our laws are clear: you can refuse illegal orders.”
Kelly said he learned of the Pentagon probe on Monday through Hegseth’s post on X. He said the investigation, as well as Trump’s threats, will not intimidate him from doing his job and holding the administration accountable.
“I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” he said in a statement.
Kelly retired from the Navy in 2011 and is now a member of the Senate Armed Services Committee, which conducts congressional oversight of the Pentagon.
White House press secretary Karoline Leavitt denied last week that Trump wanted to execute members of Congress but said the Democrats’ video message “perhaps is punishable by law.”
Stars and Stripes reporter Matthew Adams contributed to this report.
