The Pentagon said Nov. 24 it has opened an investigation into Sen. Mark Kelly, D-Ariz., a retired Navy captain, for possible violations of military law after he appeared in a video telling U.S. service members to resist “illegal orders” from the White House.
In a statement posted to the Department of War’s social media account, the department cited 10 U.S.C. § 688 — a federal statute allowing the defense secretary to recall retired military personnel to active duty for potential court-martial or other disciplinary action.
“The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.),” the statement said, adding that the review could lead to recall, court-martial, or administrative measures.
“All servicemembers are reminded that they have a legal obligation under the UCMJ [Uniform Code of Military Justice] to obey lawful orders and that orders are presumed to be lawful,” the War Department added. “A servicemember's personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Kelly pushed back on the Pentagon’s announcement, framing the review as political retaliation.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly said, according to the New York Times. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
The investigation centers on a Nov. 18 video featuring Kelly and five other Democratic lawmakers — Sen. Elissa Slotkin, D-Mich.; Rep. Chris Deluzio, D-Pa.; Rep. Chrissy Houlahan, D-Pa.; Rep. Maggie Goodlander, D-N.H.; and Rep. Jason Crow, D-Colo. — telling troops they “can” and “must” refuse unlawful commands.
“Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders,” the six lawmakers said. “You can refuse illegal orders. You must refuse illegal orders.”
War Secretary Pete Hegseth condemned the video as “despicable, reckless, and false” in a Nov. 24 post on X. He noted that Kelly is the only participant still subject to military law because he is officially retired. Slotkin is a former CIA officer, and the others previously served in the military but are not “retired,” leaving them outside the Pentagon’s jurisdiction.
“As was announced, the Department is reviewing his [Kelly’s] 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.”
President Donald Trump had earlier labeled the lawmakers’ message “seditious,” calling for their arrest in a series of Truth Social posts on Nov. 20. In one post, he wrote, “SEDITIOUS BEHAVIOR, punishable by DEATH!”
>> Trump calls for arrest of Democrats who urged troops to ‘refuse illegal orders’ <<
In a news briefing hours later, White House Press Secretary Karoline Leavitt said Trump was not calling for executions but maintained the lawmakers’ “dangerous message” is “perhaps punishable by law.” As CatholicVote previously reported, civilians can face up to 20 years in prison for “seditious conspiracy,” while sedition charges under military law can carry penalties up to and including death.
Trump has continued posting warnings, including a Nov. 23 repost that urged authorities to “get all those traitorous sons of b****** for sedition at the very least. Those pompous traitorous communists should be impeached and prosecuted.”
Kelly responded to the post on X, saying: “Listen, Trump. Your continued threats will not intimidate me or keep me from doing my job, which includes oversight of the executive branch. Stop the threats of execution, hanging, and sending a mob before someone gets hurt.”