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Pentagon launches review of Senator Mark Kelly's conduct
The U.S. Department of Defense announced Monday it is examining "serious allegations of misconduct" against Democratic Senator Mark Kelly, a retired Navy captain, following his participation in a video encouraging military personnel to refuse unlawful commands. The Pentagon's statement, posted on its official X account, did not specify the allegations but emphasized that servicemembers must obey lawful orders under the Uniform Code of Military Justice (UCMJ).
Kelly, who learned of the investigation through the Pentagon's social media post, dismissed the move as an attempt at intimidation. "If this is meant to silence me or other members of Congress from holding this administration accountable, it won't work," he responded on X (formerly Twitter). A decorated combat pilot and former NASA astronaut, Kelly served in the Gulf War and completed four space missions between 2001 and 2011. He is married to former Arizona Congresswoman Gabrielle Giffords, who survived a 2011 mass shooting.
Video sparks backlash from Trump and Pentagon leadership
The controversy stems from a video released last week by six Democratic lawmakers-all with military or intelligence backgrounds-urging troops to reject illegal orders. The group included Kelly alongside Senators Elissa Slotkin and Representatives Chris Deluzio, Maggie Goodlander, Chrissy Houlahan, and Jason Crow. In the clip, Kelly states, "Our laws are clear. You can refuse illegal orders," while the narrators warn that threats to the Constitution are "coming from right here at home."
President Donald Trump reacted furiously on Truth Social, accusing the lawmakers of "seditious behavior, punishable by death" and demanding their arrest. His remarks drew bipartisan criticism, prompting a partial walk-back during a Fox News interview on Friday. "I'm not threatening death," Trump clarified, though he maintained the video was "dangerous."
Legal and military implications for Kelly
As a military retiree, Kelly remains subject to the UCMJ, which governs active-duty personnel, reserves, and certain civilians supporting wartime operations. The code also allows the military to recall retirees for offenses like actions that "interfere with the loyalty, morale, or good order and discipline of the armed forces." The Pentagon hinted at potential consequences, including a recall to active duty for court-martial or administrative action, while pledging to handle the matter "in compliance with military law."
Defense Secretary Pete Hegseth condemned the video as "despicable, reckless, and false," labeling the lawmakers the "Seditious Six" in a repost of the Pentagon's statement. Hegseth singled out Kelly-who invoked his rank and service in the video-as undermining military discipline. "His conduct brings discredit upon the armed forces and will be addressed appropriately," Hegseth wrote.
Broader political and institutional tensions
The clash underscores escalating friction between the Biden administration and Democratic lawmakers over military autonomy and constitutional oversight. While the Pentagon's review focuses on Kelly, the video's core message-that troops have a right to disobey illegal commands-has reignited debates about civilian-military relations. Legal experts note the UCMJ's broad jurisdiction over retirees, though prosecutions for political speech remain rare.
"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 disobedience."
U.S. Department of Defense statement, November 24, 2025
Next steps
The Pentagon declined further comment to "preserve the integrity of the proceedings," but observers expect a decision within weeks. Kelly's office has not indicated whether he will challenge the review legally or through congressional channels.
