The Pentagon has launched an investigation into Sen. Mark Kelly and other Democrats over a video in which he encouraged soldiers to disobey “unlawful orders.”
The video was released last week. The article features six Democrats who previously held positions in the military or intelligence agencies: Mr. Kelly, Reps. Chris Deluzio and Chrissy Houlahan of Pennsylvania, Rep. Maggie Goodlander of New Hampshire, Rep. Jason Crow of Colorado, and Sen. Elissa Slotkin of Michigan.
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“I would like to speak directly to members of the military and intelligence community,” Slotkin wrote to X in a post accompanying the video.
“The American people need you to stand up for our laws and our Constitution. Don’t abandon ship,” Slotkin wrote.
We want to speak directly to members of the military and intelligence community.
The American people need you to stand up for our laws and our Constitution.
Don’t let go of the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
In the video, lawmakers said the public’s trust in the U.S. military and intelligence agencies is “at risk.”
“This administration pits uniformed military personnel and intelligence professionals against the American people,” the lawmakers said.
“Like us, you swore an oath to uphold and defend this Constitution. Today, threats to our Constitution come not only from abroad, but also from right here at home,” the video added.
“Our laws are clear. We can refuse illegal orders.”
In response to the video, the Pentagon announced an investigation into charges that Kelly, a former Navy colonel, violated military law, an unusual move against a military veteran.
According to the U.S. Court-Martial Manual, which outlines conduct in the military, “Orders requiring the performance of military duties or acts may be presumed to be lawful, and failure to comply may involve danger to subordinates.”
However, that reasoning does not apply if the order is contrary to the Constitution or U.S. law, was given by a police officer without authority to issue the order, or is “clearly illegal,” such as ordering the commission of a crime.
Here’s what we know:
Who is Mark Kelly?
The Arizona senator is a former senior naval officer and pilot who flew combat missions in the first Gulf War.
In 2001, Kelly became an astronaut and flew four Space Shuttle missions over the course of 10 years, serving as commander of two of them.
In 2011, Kelly retired as a captain, a rank just below the rank of rear admiral.
Mr. Kelly’s first Senate campaign in 2020 was to complete the term of Republican Sen. John McCain, who died during his term. Two years later, Kelly was re-elected to a full term. The Senate has focused on national security and the military.
Is Kelly correct about “illegal orders”?
Bruce Fein, a constitutional and international law attorney who served as deputy attorney general at the Justice Department under former President Ronald Reagan, said Kelly was “simply repeating the law.”
“(For example) members of the U.S. military must follow clearly illegal orders from their superiors. There is no defense of ‘following orders,'” Fein told Al Jazeera.
“Lieutenant William Carey was convicted of war crimes for the My Lai massacre of Vietnamese civilians (in 1968). His ‘following orders’ defense was rejected,” it added.
So what is the Department of Defense investigation about?
In a statement published in X on Monday, the Pentagon said it had received “serious allegations of misconduct” against Kelly and suggested the video disrupted “the loyalty, morale, or good order and discipline of the military.”
“A thorough review of these allegations has been initiated to determine further action, including court-martial and return to active duty for administrative action. This matter will be handled in accordance with military law to ensure due process and fairness,” the statement said.
“We would like to remind all service members that they have a legal obligation under the UCMJ (Uniform Code of Military Justice) to obey lawful orders, and orders are presumed to be lawful. A service member’s personal philosophy does not justify or excuse disobedience of otherwise lawful orders,” it added.
The same day, Secretary of Defense Pete Hegseth wrote to X that the “six seditious” members of Congress who appeared in the video were “despicable, reckless, and false.”
“Encouraging our warfighters to ignore the orders of their commanders undermines every aspect of ‘good order and discipline.’ Their foolish statements only create suspicion and confusion and endanger our warfighters,” Hegseth said, adding that Kelly is the only person under the Pentagon’s jurisdiction.
“Mr. Kelly’s actions bring the military into disrepute and will be dealt with appropriately,” Hegseth said.
All six members of Congress have served in the military or intelligence agencies, but Kelly is the only one to officially retire from the military and could continue to be recalled to active duty or court-martialed for misconduct.
What does Kelly say about his actions towards her?
In a post to X on Monday, Kelly wrote that he “swore an oath to the Constitution in 1986.”
“I have lived up to this principle throughout my 25 years of service and every day since leaving the service. If President (Donald) Trump is trying to intimidate me, that will not work. I have given too much to this country to be silenced by bullies who care more about power than the Constitution,” he said.
“A missile exploded next to my plane, I was hit with anti-aircraft fire dozens of times, and I was launched into orbit, all for the sake of my country,” Kelly wrote in a post last week.
“I never thought the president would call for my execution. Mr. Trump doesn’t understand the Constitution, and he’s making all of us less secure with it.”
What did Trump say?
The president said in a post on his platform Truth Social last week that the video was “truly malicious and dangerous to our country.”
“Seditionary act by a traitor!!!” he said. In another post, Trump added that this was “an act of sedition and deserves the death penalty.”
But the day after his remarks, President Trump told Fox News that while he was not threatening death, Democrats were in “deep trouble.”
Asked how much action the Trump administration could realistically take against Mr. Kelly, Mr. Fein said, “They could harass Mr. Kelly with false investigations and accusations.”
Why is the Trump administration focused on this?
The outrage over the video comes as the U.S. military attacks ships that the Trump administration says are carrying drugs.
The air strikes killed at least 83 people in the Pacific and Caribbean.
In late October, Democrats on the Senate Judiciary Committee called on the Department of Justice (DOJ) to hand over all legal opinions regarding the legality of the military’s attack.
“The summary killing of suspected criminals is prohibited by domestic and international law in both peacetime and wartime,” they wrote in a letter to Attorney General Pam Bondi, seen by Reuters.
But two weeks ago, a memo from the Justice Department said service members could not be prosecuted for the killings.
“This attack was ordered pursuant to the law of armed conflict and is itself a lawful order. Military personnel are legally obligated to follow lawful orders, and as such, they are not subject to prosecution for following lawful orders,” US political website The Hill reported, citing a statement from a Justice Department spokesperson.
