The Pentagon said Monday it is reviewing “serious allegations of misconduct” involving Democratic Senator Mark Kelly after he appeared in a video telling service members they are not required to follow illegal orders.
Kelly, a retired US Navy captain and former astronaut, was one of six Democratic lawmakers who appeared in the video, which urged military personnel to refuse unlawful commands.
In a statement posted on the Department of War’s X account, officials did not specify the allegations against Kelly but tied the review to his comments, reminding service members that under the Uniform Code of Military Justice (UCMJ) they are legally required to obey lawful orders, which are presumed lawful unless clearly otherwise.
Kelly said he first learned of the investigation from the Pentagon’s social media post.
“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,” he wrote 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.”
Last week, US President Donald Trump attacked Kelly and the other Democrats on social media, accusing them of “seditious behavior, punishable by death.”
Kelly served as a combat pilot during the first Gulf War and later flew four space missions for NASA between 2001 and 2011. He is married to former Arizona congresswoman Gabrielle Giffords, who stepped down from Congress after being shot during a 2011 mass shooting.
Although Kelly retired from the Navy, he remains subject to the UCMJ — a federal law enacted in 1951 that imposes a separate system of rules and discipline on members of the armed forces. The code applies to active-duty personnel, activated National Guard and Reserve members, military academy students and certain civilians supporting the military in wartime.
It also extends to retirees, giving the military authority to recall them to active duty for offenses such as violating federal laws that “prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”
The Pentagon said Monday that possible actions against Kelly could include recalling him to active duty for court-martial or imposing other administrative measures.
The department said the case would be “handled in compliance with military law, ensuring due process and impartiality,” adding that further comment would be limited “to preserve the integrity of the proceedings.”
“All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful,” the statement said. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
The video at the center of the controversy was shared by Michigan Senator Elissa Slotkin and features Kelly along with US Representatives Chris Deluzio, Maggie Goodlander, Chrissy Houlahan and Jason Crow — all veterans of the military or intelligence community. In it, they tell service members they must not comply with unlawful commands.
“Our laws are clear. You can refuse illegal orders,” Kelly says in the clip.
The video claims that “this administration is pitting our uniformed military and intelligence community professionals against American citizens,” and reminds viewers: “Like us, you all swore an oath to protect and defend this constitution. Right now, the threats coming to our constitution aren’t just coming from abroad but from right here at home.”
Trump responded in a series of angry posts on Truth Social on Thursday, accusing the lawmakers of “SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL.”
“Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand,” he wrote. “An example MUST BE SET.”
The comments drew bipartisan condemnation. In a Fox interview on Friday, Trump — who as president is commander-in-chief of the armed forces — backtracked, saying he was “not threatening death” for the Democratic lawmakers.
On Monday, Defense Secretary Pete Hegseth reposted the Pentagon’s statement on X and called the Democrats’ video “despicable, reckless, and false,” dubbing the group the “Seditious Six.”
He argued that encouraging US troops to question or ignore orders from their commanders “undermines every aspect of ‘good order and discipline’” and said their message “sows doubt and confusion — which only puts our warriors in danger.”
Hegseth singled out Kelly as the only one of the six still subject to the UCMJ.
“As was announced, the 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,” he wrote, adding that Kelly’s conduct “brings discredit upon the armed forces and will be addressed appropriately.”
