Pentagon says it’s investigating Sen. Mark Kelly for breach of military law after video that urged defying illegal orders
Washington — The Pentagon said it’s conducting a review of misconduct allegations against Democratic Sen. Mark Kelly of Arizona, a former U.S. Navy Captain, to determine whether he should be recalled to active duty to face court-martial proceedings. Kelly was among a group of lawmakers who released a video last week calling on service members and members of the intelligence community to “refuse illegal orders.”
In a social media post Monday, the Pentagon said it had received “serious allegations of misconduct” against him, and “a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures.”
Kelly was one of six Democratic lawmakers who released a video last week urging service members and members of the intelligence community to defy “illegal orders,” citing threats to the Constitution. The lawmakers, who are all veterans or former national security officials, also included Sen. Elissa Slotkin of Michigan and House members Jason Crow of Colorado, Chris Deluzio and Chrissy Houlahan of Pennsylvania and Maggie Goodlander of New Hampshire.
The development comes as President Trump has railed against the lawmakers for the video in recent days, saying they should be arrested and face trial for “seditious behavior.” The president also posted, “SEDITIOUS BEHAVIOR, punishable by DEATH!” and he reposted, “HANG THEM, GEORGE WASHINGTON WOULD!” Mr. Trump later clarified that he’s “not threatening death, but I think they’re in serious trouble.”
Defense Secretary Pete Hegseth shared the Pentagon’s post and referred to the lawmakers as the “Seditious Six.” Noting that five of the six lawmakers do not fall under the Pentagon’s jurisdiction, he added that Kelly does.
“[T]he Department is reviewing his statements and actions, which were addressed directly to all troops while explicitly using his rank and service affiliation-lending the appearance of authority to his words,” Hegseth said. “Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
The Pentagon said federal law prohibits “actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces,” saying in the post that violations “will be addressed through appropriate legal channels.” And it pointed out that the law applies to military retirees, as well.
The code cited by the Defense Department bans any activity that “advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States.”
Kelly told CBS News that he learned about the investigation via social media.
“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,” Kelly said in a response 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.”
Hegseth, in his social media post, said the video was “despicable, reckless, and false.”
“Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline,'” Hegseth wrote. “Their foolish screed sows doubt and confusion — which only puts our warriors in danger.”
“We swore an oath,” Kelly said Sunday on “Face the Nation with Margaret Brennan.” “All we said is we reiterated what basically is the rule of law that members of the military should not, cannot follow illegal orders.”
Kelly said Mr. Trump should understand his words “could have serious, serious consequences.”
“His words carry tremendous weight, more so than anybody else in the country, and he should be aware of that, and because of what he says, there is now increased threats against us,” Kelly said.
