The Defense Department announced Monday it has opened an inquiry into Sen. Mark Kelly (D-Ariz.), a retired U.S. Navy captain and former NASA astronaut, after he appeared in a video urging active-duty military and intelligence personnel to refuse what the participants called ‘illegal orders.’
A Pentagon statement said it had “received serious allegations of misconduct” involving Captain Mark Kelly, USN (Ret.), and that a thorough review has been initiated. The review could lead to actions ranging from administrative measures to recalling Kelly to active duty and referring him for court-martial proceedings, the department said, adding that the process will follow military law and ensure due process and impartiality.
The video, posted last week on X, features Kelly alongside five other Democrats with military or intelligence backgrounds. Speaking to currently serving personnel, the group warned that the administration was pitting uniformed service members and intelligence professionals against fellow citizens and reminded them of their oath to protect and defend the Constitution. The message included the assertion that service members may refuse unlawful orders.
Participants in the video included Senator Elissa Slotkin, a former CIA analyst; Representative Jason Crow, a former Army Ranger; Representatives Chris Deluzio and Chrissy Houlahan, both former military officers; and Representative Maggie Hassan, a former Navy intelligence officer.
Former President Donald Trump reacted on Truth Social by calling the video ‘seditious behavior’ and writing it was ‘punishable by death.’ He later said he was not threatening death but continued to criticize the message in subsequent posts. White House press secretary Karoline Leavitt warned that encouraging people to defy the chain of command or to disobey lawful orders is dangerous and said those responsible should be held accountable. House Speaker Mike Johnson also condemned the remarks as unacceptable.
Kelly told CBS’s Face The Nation that he learned about the Pentagon review from a post on X by Secretary of Defense Pete Hegseth and said he had earlier faced online calls from the president urging his arrest or worse. Kelly said attempts to intimidate him or other members of Congress from holding the administration to account would not succeed.
Because Kelly is a retired officer, he can technically be recalled to active duty and prosecuted under the Uniform Code of Military Justice, though military legal experts say such recalls of sitting lawmakers are extremely rare and politically fraught. Retired-colonel and military-lawyers quoted by reporters noted that recalls usually involve alleged misconduct while on active duty, and constitutional protections for speech by members of Congress could complicate any prosecution. One historical parallel sometimes cited is the 1925 court-martial of Army Col. Billy Mitchell, but Mitchell was on active duty at the time.
Kelly served as a naval aviator and flew combat missions over Iraq before joining NASA and flying four Space Shuttle missions. He is married to former Rep. Gabby Giffords, who survived an assassination attempt in 2011.
NPR reporters Tom Bowman and Quil Lawrence contributed to this report.