The Department of Defense on Monday said it is launching a “thorough review” into Democratic Sen. Mark Kelly, citing “serious allegations of misconduct.”
The announcement comes days after President Donald Trump accused Kelly and other Democratic lawmakers of “seditious behavior” for a video in which they said that U.S. service members could refuse illegal orders.
In a statement posted to X, the Department of Defense said it “received serious allegations of misconduct” against Kelly, who is a retired U.S. Navy captain.
“In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable 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 measures. This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings,” the statement read.
“The Department of War reminds all individuals that military retirees remain subject to the UCMJ 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,” the Pentagon said.
Sen. Mark Kelly attends a press conference calling for the release of the Epstein files, on Capitol Hill in Washington, November 18, 2025.
Annabelle Gordon/Reuters
Kelly was one of six Democrats featured in a video last week addressed to military members.
“The threats to our Constitution aren’t just coming from aboard, but from right here right at home. Our laws are clear. You can refuse illegal orders,” the group said. “No one has to carry out orders that violate the law or our Constitution.”
The message stoked more than a dozen social media posts by Trump, who called them “traitors” and said they should be “in jail.” At one point, Trump said their action could be “punishable by death” though later said, “I’m not threatening death, but I think they’re in serious trouble.”
Kelly, in an appearance on CBS’ “Face the Nation” on Sunday, pushed back on Trump’s comments.
“What the president said is very serious. I didn’t think he would step over that line calling for the execution of members of Congress. And his words carry tremendous weight, more so than anybody else in the country, and he should be aware of that,” Kelly said.
This is a developing story. Please check back for updates.
