Pentagon opens misconduct investigation into Sen. Mark Kelly

The Pentagon has launched a misconduct investigation into Senator Mark Kelly (D-Ariz.) after he appeared in a video released online urging active-duty service members to refuse orders the lawmakers called “illegal.”

Kelly, a former Navy fighter pilot and astronaut who retired at the rank of captain, appeared alongside several other Democratic lawmakers in the video. The Pentagon clarified that even retired service members remain subject to the Uniform Code of Military Justice (UCMJ), meaning they can be recalled to active duty for court-martial or administrative actions — though it noted that “it is highly unusual for the Pentagon to investigate a sitting lawmaker for something they said.”

According to the Pentagon, the investigation was sparked by a federal law that “prohibit[s] actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces,” language included in its official statement referencing the video.

In the recording, Kelly and five other lawmakers — all with military or intelligence backgrounds — argue that U.S. troops have a duty to refuse orders from the Trump administration if they believe them to be unlawful. “The threats to our Constitution aren’t just coming from abroad, but from right here at home,” the video states. “Our laws are clear, you can refuse illegal orders.”

Other participants in the video include Senator Elissa Slotkin (D-Mich.) and Representatives Chris Deluzio (D-Pa.), Maggie Goodlander (D-N.H.), Chrissy Houlahan (D-Pa.), and Jason Crow (D-Colo.). Several of them have previously served in the military or worked in intelligence.

In responding to the video, the Pentagon reminded service members of their legal obligations: “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,” its statement said. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”

President Donald Trump sharply criticized the lawmakers involved. In a Truth Social post, he accused them of “seditious behavior” and wrote, “Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL,” later adding that the behavior was “punishable by DEATH!” He also reshared a post declaring, “HANG THEM GEORGE WASHINGTON WOULD !!”

During a Fox News interview, Trump denied he was officially calling for the death penalty but reiterated his belief that the lawmakers had broken the law. “These are bad people. These are people that, in my opinion, broke the law. Now, what happens to them? I can’t tell you, but they broke the law,” he said. “I’m not threatening death, but I think they’re in serious trouble. In the old days, it was death … That was seditious behavior, that was a big deal. You know, nothing’s a big deal, today’s a different world.”

It remains unclear exactly how long the Pentagon’s investigation will last or what potential consequences Kelly and the other lawmakers could face. Though retired personnel fall under UCMJ jurisdiction, disciplining a sitting senator for political speech would be exceptionally rare and may raise significant constitutional issues.