Pentagon suggests Mark Kelly, a former US Navy captain, could be court-martialled for urging military to defy unlawful orders.
The Pentagon has said it is investigating United States Senator Mark Kelly, a retired naval aviator and astronaut, for his participation in a video that urged military service members to refuse “illegal orders”.
It is unusual for the US military to take action against a retired officer. But Monday’s announcement came after President Donald Trump repeatedly called for criminal charges against Kelly and other Democratic lawmakers involved in the video.
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Pentagon chief Pete Hegseth said later on Monday that Kelly is facing a probe because he is the only lawmaker in the video who falls under the jurisdiction of military law as a retired Navy captain.
“As was announced, 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 wrote on X.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
The Pentagon had suggested that Kelly is accused of “actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces”.
Last week, Trump described the legislators as traitors and went as far as arguing that they should face the death penalty for sedition: in other words, speech that is designed to incite a rebellion.
Kelly, a former US Navy captain who now represents Arizona in the Senate, was one of six former military and intelligence officers featured in the video, released on November 18.
“Our laws are clear. You can refuse illegal orders,” they said in the video.
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
The Pentagon stressed that under the Uniform Code of Military Justice (UCMJ) — which spells out military laws and guidelines — service members have a legal obligation 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,” it wrote in Monday’s statement.
The Pentagon added that Kelly could face recall “to active duty for court-martial proceedings or administrative measures”.
Retired military personnel who continue to receive benefits after their service remain subject to military law, according to the UCMJ.
But it is rare for military courts to prosecute former service members, especially for alleged offences committed after their tenure.
In recent days, Democrats have expressed outrage over Trump’s response to the lawmakers’ videos, which they say amounts to a death threat.
“Listen, Trump. Your continued threats will not intimidate me or keep me from doing my job, which includes oversight of the executive branch,” Kelly wrote on the social media platform X on Sunday.
“Stop the threats of execution, hanging, and sending a mob before someone gets hurt. America deserves better.”
Democrats have also argued that the video simply reaffirms a fact of military law: Service members are required to refuse orders they know to be in violation of the US law, as part of their oath to the Constitution.
The controversy came as the US continues to reel from political violence after the assassination of right-wing commentator Charlie Kirk in September and the killing of Democratic Minnesota state lawmaker Melissa Hortman in June.
Trump first invoked the death penalty on Thursday, sparking a firestorm of criticism. “SEDITIOUS BEHAVIOR, punishable by DEATH!” Trump wrote on social media.
Despite the outrage, Trump doubled down on his stance late on Saturday, saying in a social media post that the legislators who released the video “SHOULD BE IN JAIL RIGHT NOW”.
The Pentagon’s move on Monday signals that federal agencies, led by Trump appointees, are willing to respond to the president’s political grievances.
The Department of Justice pursued criminal charges against New York Attorney General Letitia James and former FBI Director James Comey in now-dismissed cases that critics say were political.
Comey was charged with lying to Congress, while James was facing mortgage fraud accusations.
