Republican Senator Lisa Murkowski on Tuesday sharply criticized the treason and sedition accusations leveled against Democratic Senator Mark Kelly of Arizona, intensifying a broader national debate over military law, congressional oversight and partisan tensions during President Donald Trump’s administration.
Kelly was among several Democratic lawmakers who appeared in a video stating that service members are not obligated to follow illegal orders. Trump denounced the video as “seditious” and called it an offense “punishable by death” in a Truth Social post.
On Monday, the Pentagon announced it would open an investigation into Kelly, who is a retired Navy captain and former astronaut.
Murkowski, who represents Alaska, dismissed the Pentagon’s probe as “frivolous” and argued that the Department of Defense and FBI “surely have more important priorities.”
What Murkowski Said
“Senator Kelly valiantly served our country as an aviator in the U.S. Navy before later completing four space shuttle missions as a NASA astronaut. To accuse him and other lawmakers of treason and sedition for rightfully pointing out that servicemembers can refuse illegal orders is reckless and flat-out wrong,” Murkowski wrote on X Tuesday night.
“The Department of Defense and FBI surely have more important priorities than this frivolous investigation,” she added.
Murkowski joins Republican Representative Don Bacon of Nebraska, who also criticized the Pentagon for threatening to recall Kelly. Bacon described the investigation as “amateur hour once again.”
The Investigation
In a memo issued on Tuesday and posted on X, Defense Secretary Pete Hegseth referred the allegations for further review by Secretary of the Navy John Phelan and set a deadline of December 10 for findings.
Hegseth’s directive followed an earlier statement from the Defense Department that it was examining unspecified, serious misconduct allegations involving Kelly.
The case is poised to test established boundaries between the executive and legislative branches, as well as the Pentagon’s historically apolitical stance.
Kelly’s Response
Kelly has forcefully pushed back on the accusations and insisted he will not be intimidated. “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. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” he said on X.
Other Democrats appearing in the video, which emphasized that service members are not required to follow unlawful orders, included Senator Elissa Slotkin of Michigan, along with Representatives Chris Deluzio and Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire and Jason Crow of Colorado.
What People Are Saying
Kelly, on CNN: “I’m not going to be silenced, I’m not going to be intimidated … this is not about the law, this is about the media cycle and it’s about intimidation.”
Trump, on Truth Social over the weekend: “THE TRAITORS THAT TOLD THE MILITARY TO DISOBEY MY ORDERS SHOULD BE IN JAIL RIGHT NOW, NOT ROAMING THE FAKE NEWS NETWORKS TRYING TO EXPLAIN THAT WHAT THEY SAID WAS OK. IT WASN’T, AND NEVER WILL BE! IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME. THERE CAN BE NO OTHER INTERPRETATION OF WHAT THEY SAID!”
What Happens Next
Under Hegseth’s directive, the Navy must submit its review of Kelly’s actions by December 10. The Pentagon has not indicated whether any of the other lawmakers who participated in the video may also face potential disciplinary measures.