Mark Kelly, D-Ariz., speaks during the Senate Armed Services Committee confirmation hearing for Pete Hegseth, President-elect Donald Trump's choice to be Defense secretary, at the Capitol in Washington, Tuesday, Jan. 14, 2025. (AP Photo/Ben Curtis, file) The Pentagon on Monday said it is investigating Democratic lawmaker Mark Kelly for possible breaches of military law after the Arizona senator, along with five others, published a social media video asking US military personnel to refuse unlawful orders.
According to the Pentagon, 61-year-old Kelly could be recalled to active duty to face a court-martial or administrative punishment for “serious allegations of misconduct.”

Kelly is a retired US Navy captain and a retired astronaut who flew combat missions during the Gulf War as a naval aviator before being selected as a NASA Space Shuttle pilot in 1996.
In its statement, the Pentagon suggested that Kelly’s statements in the video interfered with the “loyalty, morale, or good order and discipline of the armed forces” by citing the federal law that prohibits such actions.
“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,” the statement said.
US Defense Secretary Pete Hegseth, in a post on X, said, “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,” Hegseth said.
Last week, Kelly joined five other Democratic lawmakers who served in the military or intelligence community to speak “directly to members of the military.” In a video posted on X, Kelly told troops, “you can refuse illegal orders,” and other lawmakers said they needed troops to “stand up for our laws … our Constitution.”

The five other Democrats who underscored that same message on the video were Senator Elissa Slotkin, as well as House Representatives Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan.
Days after the video was released, President Donald Trump accused the lawmakers of sedition, “punishable by DEATH” in a social media post.
Chief Pentagon spokesman Sean Parnell also released a statement, saying, “Our military follows orders, and our civilians give legal orders.”
“These politicians are out of their minds,” Parnell added.
Kelly, in a post on X on Monday, hit back at Trump.
When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution. I upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space… pic.twitter.com/jMAlYEozQ6
— Senator Mark Kelly (@SenMarkKelly) November 24, 2025
Speaking Sunday on CBS’s “Face the Nation,” Kelly said Trump’s words were “very serious” and “carry tremendous weight.” Kelly added that “because of what he says there is now increased threats against us.”