The Pentagon has indicated that former US Navy captain Mark Kelly could be court-martialed for encouraging troops to disobey illegal orders.
The Pentagon has announced that it is investigating Sen. Mark Kelly, a retired naval aviator and astronaut, for participating in a video urging military personnel to refuse “unlawful orders.”
It is unusual for the U.S. military to take action against a retired officer. But Monday’s announcement came after President Donald Trump repeatedly called for criminal charges against Kelly and other Democrats involved in the video.
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Pentagon Secretary Pete Hegseth said late Monday that Kelly is the subject of the investigation because, as a former Navy captain, he is the only lawmaker under military law who appears in the video.
“As announced, the department is scrutinizing his statements and actions, which were addressed directly to the entire force while explicitly utilizing his rank and affiliation, giving an impression of authority to his words,” Hegseth wrote to X.
“Mr. Kelly’s actions bring dishonor to the military and will be dealt with appropriately.”
The senator immediately reacted defiantly to the Pentagon’s move.
“If this is meant to intimidate me and other members of Congress so we can do our jobs and hold the administration accountable, it will not work,” Kelly said in a statement. “I have given too much to this country to be silenced by bullies who care more about their power than protecting the Constitution.”
The Pentagon had indicated that Mr. Kelly was accused of “conduct intended to disrupt the loyalty, morale, good order, and discipline of the military.”
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
President Trump last week called the lawmakers traitors and even went so far as to say they should be put to death for sedition, or speech meant to incite an insurrection.
Kelly, a former U.S. Navy captain who currently represents Arizona in the Senate, is one of six former military and intelligence officers featured in the video released on November 18th.
“Our laws are clear: we can refuse illegal orders,” they said in the video.
The Pentagon stressed that under the Uniform Code of Military Justice (UCMJ), which sets military law and guidelines, service members have a legal obligation 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 said in a statement Monday.
The Pentagon added that Kelly “may be recalled to active duty for court-martial or administrative action.”
According to UCMJ, veterans will continue to receive benefits after leaving the service, but will be subject to military law.
However, military tribunals rarely prosecute former military personnel, especially for alleged crimes committed after their service.
In recent days, Democrats have expressed anger at President Trump’s response to the video of the members of Congress, saying it amounted to a death threat.
Democrats also claim the video merely reaffirms military law facts. As part of their oath to the Constitution, service members are obligated to refuse orders they know violate U.S. law.
The controversy comes as the United States continues to be rocked by political violence following the assassination of right-wing commentator Charlie Kirk in September and the murder of Democratic Minnesota Rep. Melissa Hortman in June.
President Trump invoked the death penalty for the first time on Thursday, sparking a storm of criticism. “Sedition is punishable by death!” Trump wrote on social media.
Despite the outrage, President Trump reinforced his position in a social media post late Saturday, saying the lawmakers who released the video “should be in jail right now.”
Monday’s Pentagon move shows that federal agencies, led by Trump appointees, are prepared to respond to the president’s political grievances.
The Justice Department pursued criminal charges against New York Attorney General Letitia James and former FBI Director James Comey in a now-dismissed case that critics said was political.
Mr. Comey was charged with lying to Congress, while Mr. James was indicted on charges of mortgage fraud.
Late Monday, the White House expressed support for the Pentagon’s investigation into Kelly. “You can’t have a functioning military if there’s disorder and confusion within the ranks, and Democrats encouraged that,” Trump spokeswoman Caroline Leavitt told reporters.
