Democratic Senator Mark Kelly of Arizona is dismissing threats that he could face a court-martial, openly mocking President Donald Trump and Defense Secretary Pete Hegseth as politicians who are not acting in good faith.
Why This Fight Matters
The clash between Kelly—a former Navy combat pilot now serving in the Senate—and figures in the Trump administration has pulled long-standing democratic norms into the spotlight. At issue are the boundaries of civilian oversight, military justice, and the separation of powers.
The Pentagon’s unusual step of weighing a possible court-martial for a retired officer who is now a U.S. senator raises questions about constitutional protections for lawmakers, the independence of Congress, and the reach of executive authority. The outcome could shape how far political disputes can go before they cross into legal territory.
The controversy stems from a video featuring Kelly and five other Democratic lawmakers, all veterans or former intelligence officials, urging service members not to follow illegal orders. Trump branded the remarks “sedition,” prompting federal reviews and heightened political tension.
White House spokeswoman Abigail Jackson told Newsweek: “Despite these outlandish and dangerous claims, Democrats were unable to list any examples of unlawful orders when asked—because there have been none.”
Kelly Pushes Back
Speaking at a town hall in Tucson on December 5, before an audience of about 200 people, Kelly was blunt about the threats of legal action.
“It’s certainly unconstitutional. It’s also in violation of the separation of powers of me as a United States senator,” he said. “But also, they haven’t been serious enough about this to even notify me other than on Twitter. They’re not serious people and I’m not backing down.”
Kelly added that he expects Hegseth to eventually abandon the effort: “I expect him to take a hike. That’s what I ultimately expect him to do, or he can try to prosecute me. But I’m not going away.”
Trump has floated harsh penalties over the video, while Hegseth has asked the Navy secretary for a formal review of whether legal action against Kelly is possible.
The Pentagon has confirmed that it “received serious allegations of misconduct” against Kelly and opened an investigation. That review could, in theory, lead to a rare recall of Kelly to active duty for court-martial proceedings or to other administrative steps.
According to NPR, only Kelly—because he is a formally retired Navy captain—could be recalled to face a court-martial. Such cases are highly unusual, particularly when the conduct in question took place while the individual is serving in elected office.
Bloomberg Law has reported that the FBI is also under pressure from the administration to open a seditious conspiracy investigation.
How Officials Are Responding
Abigail Jackson, the White House spokeswoman, told Newsweek: “It should deeply concern all Americans that elected Democrats are publicly urging the military to openly defy the chain-of-command and the commander-in-chief’s lawful orders to subvert the will of the American people. And to spin up more lies on top of it? That’s just dangerous.”
Kelly, for his part, has criticized how federal agencies are handling the matter. “We got something from the FBI. We got one thing. It didn’t even have a point of contact on it,” he said. “That’s how unprofessional this (Justice Department) has become.”
Trump reacted to the lawmakers’ video on Truth Social, writing: “SEDITIOUS BEHAVIOR, punishable by DEATH!”, later saying he was “not threatening death” but insisting, “IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME. THERE CAN BE NO OTHER INTERPRETATION OF WHAT THEY SAID!”
On X, Defense Secretary Hegseth denounced the lawmakers: “The video made by the ‘Seditious Six’ was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion—which only puts our warriors in danger.”
He continued: “Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
An earlier Pentagon statement laid out the formal posture: “The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, 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.
“This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.”
Retired military lawyer Mick Wagoner told NPR that the administration’s approach may be on shaky ground: “This is a real stretch by the administration. This has generally applied for events that happened on active duty and were discovered post [active-duty] service…It is hard to see it going forward.”
House Speaker Mike Johnson also condemned Kelly’s comments, telling reporters: “For a senator like Mark Kelly or any member of the House or Senate to behave in that kind of talks is to me so just beyond the pale.”
What Comes Next
So far, the Pentagon has not said whether it will actually move forward with recalling Kelly to active duty for a court-martial. The Navy secretary has until December 10 to deliver the results of the review to Hegseth.
As of early December, Kelly is continuing his public schedule and reiterating that he has no intention of stepping aside.
The FBI has not confirmed the status of any investigation, leaving open what, if any, legal or administrative steps might ultimately follow.
