Sen. Mark Kelly, D-Ariz., speaks during a press conference on the Epstein Files Transparency Act outside the U.S. Capitol on Tuesday. On Monday, the Department of Defense announced it will investigate Kelly over a video he participated in that told servicemembers that they shouldn’t follow illegal orders. Photo by Bonnie Cash/UPI | License Photo
The U.S. Department of Defense announced Monday that it will investigate Sen. Mark Kelly after he and five other Democratic lawmakers with experience in the military or intelligence communities reminded service members that they gave an oath to the Constitution and must refuse illegal orders.
“The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.),” the Department of Defense said in the statement published to X.
“In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other application 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 matters.”
Kelly, D-Ariz., is one of six ex-military or intelligence officers who appeared in the video published online last week that drew staunch criticism from President Donald Trump, who accused the Democrats of “seditious behavior” and called for their arrest. The Pentagon’s Monday statement made no reference to the other five Democrats.
“The Department of War reminds all individuals that military retirees remain subject to the [Uniform Code of Military Justice] for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels,” it said.
“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. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Secretary of Defense Pete Hegseth has called the Democrats who appeared in the video the “Seditious Six” and described their actions as “despicable, reckless and false.”
In a statement that followed the announcement of the investigation, Hegseth explained of the six Democrats in the video, only Kelly is subject to UCMJ.
“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,” Hegseth said.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
Kelly, a retired Navy combat pilot and NASA astronaut, responded to the announcement of the investigation by stating online that “if Trump’s trying to intimidate me, it won’t work. I’ve given too much to our country to be silenced by bullies who care more about power than the Constitution.”
White House Press Secretary Karoline Leavitt told reporters on Monday that the Trump administration is supportive of the Pentagon’s investigation while refuting Kelly’s characterization of the probe as retaliation.
“I think what Mark Kelly was trying to do was intimate the 1.3 million active duty service members who are currently serving in our United States Armed Forces with that video,” she said during a press gaggle held outside the White House.
“Sen. Mark Kelly well knows the rules of the military and the respect that one must have for the chain of command, and that all orders, lawful orders, are presumed to be legal by our service members.”
“You can’t have a functioning military if there is disorder and chaos within the ranks, and that’s what these Democrat members were encouraging,” Leavitt said.
Kelly and the five other Democratic lawmakers — Reps. Maggie Goodlander of New Hampshire, Jason Crow of Colorado and Chris Deluzio and Chrissy Houlahan of Pennsylvania, along with Sen. Elissa Slotkin of Michigan — appeared in the video published online early Tuesday.
“Our laws are clear,” Kelly said, “you can refuse illegal orders.”
“You must refuse illegal orders,” Deluzio, who also served in the U.S. Navy, continued.
“Don’t give up the ship,” said Slotkin.
Trump, in a series of posts to his Truth Social platform on Thursday, chastised the Democrats as “TRAITORS” and accused them of “SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL.”
“Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL,” the president said.
“Their words cannot be allowed to stand,” he said in a second post.
The six Democrats responded to Trump’s threat in a joint statement on Thursday.
“What’s most telling is that the president considers it punishable by death for us to restate the law. Our servicemembers should know that we have their backs as they fulfill their oath to the Constitution and obligation to follow only lawful orders. It is not only the right thing to do, but also our duty,” they said.
“But this isn’t about any one of us. This isn’t about politics. This is about who we are as Americans. Every American must unite and condemn the president’s calls for our murder and political violence. This is a time for moral clarity.”
Leavitt defended Trump’s statements, but said the video was “punishable by law,” not death.
“To signal to people serving under this commander in chief, Donald Trump, that you can defy him and you can betray your oath of office, that is a very, very dangerous message. And it perhaps is punishable by law. I’m not a lawyer. I’ll leave that to the Department of Justice and the Department of War to decide.”
Sen. Chuck Schumer, D-N.Y., on Thursday accused Trump of using the Pentagon as “his personal attack dog” in going after Kelly.
“This is what dictators do,” the Senate minority leader said in a statement on X.
“I stand with Sen. Kelly, as should any American who doesn’t want to be ruled by a king.”
Sen. Ruben Gallego, D-Ariz., a Marine combat veteran, told ABC News that the president “doesn’t understand the military.”
“He thinks the military is one of his personal little play toys,” Gallego said. “He, for some reason, thinks that men and women upholding their oath is a contradiction to him as commander in chief — which, again, tells you he doesn’t really understand his role.”
