The Pentagon said Monday it is investigating Arizona Sen. Mark Kelly, a retired U.S. Navy fighter pilot and former NASA astronaut, for possible violations of military law after he appeared in a video with other Democratic lawmakers urging active-duty military and intelligence personnel to refuse “illegal orders.”
The Defense Department said it had “received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.),” and that “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 posted on X said the matter would be handled in compliance with military law, ensuring due process and impartiality, and that further official comments would be limited to preserve the integrity of the proceedings.
The video, posted last week on X, featured Kelly and five other Democrats who previously served in the armed forces or intelligence community. Speaking to current military and intelligence personnel, they said: “This administration is pitting our uniformed military and intelligence community professionals against American citizens. Like us, you all swore an oath to protect and defend this Constitution.” The video added, “Our laws are clear. You can refuse illegal orders.”
Participants included Sen. Elissa Slotkin, a former CIA analyst; Rep. Jason Crow, a former Army Ranger; Rep. Chris Deluzio and Rep. Chrissy Houlahan, both former military officers from Pennsylvania; and Rep. Maggie Hassan, a former Navy intelligence officer.
President Trump responded on Truth Social, calling the video “seditious behavior” “punishable by death.” He later said he was “not threatening death” but continued to denounce the video message in subsequent posts. White House press secretary Karoline Leavitt warned that any incitement to “defy the chain of command, not to follow lawful orders” was dangerous and said those responsible should be held accountable. House Speaker Mike Johnson also criticized the remarks as beyond the pale.
Kelly said in an interview on CBS’s Face The Nation that Republicans in Congress had been largely silent after the president’s posts. Reacting to the Pentagon announcement, Kelly said a post on X from Secretary of Defense Pete Hegseth was the first he had heard of the investigation. He noted the president’s earlier posts calling for his arrest or worse and said if the actions were intended to intimidate him and other members of Congress from holding the administration accountable, “it won’t work.”
Because Kelly is retired with the rank of captain, he could be recalled to active duty and subject to court-martial, though such actions are rare. Military legal experts told NPR that recalling a retired officer who is now a sitting senator is “very rare” and “politically charged.” Kevin Carroll, a retired colonel and military lawyer, noted a historical parallel in 1925 when Army Col. Billy Mitchell was court-martialed for insubordination, but Mitchell was on active duty. Mick Wagoner, a retired Marine Corps lieutenant colonel and former military lawyer, said recalls typically involve conduct committed while on active duty and suggested constitutional protections for speech made in the course of official duties could complicate any prosecution.
Kelly served as a naval aviator, flew combat missions over Iraq, and later became a NASA astronaut, flying four Space Shuttle missions. He is married to former Rep. Gabby Giffords, who survived an assassination attempt in 2011.
NPR correspondents Tom Bowman and Quil Lawrence contributed to this report.