The Pentagon said Monday it has opened an investigation into Sen. Mark Kelly, D-Ariz., over possible violations of military law after the former Navy pilot appeared in a video telling service members they could refuse “illegal orders.”
The Defense Department announced the review in a statement posted on social media, citing a federal law that allows retired service members to be recalled to active duty for potential court-martial or other disciplinary action. Kelly retired from the Navy at the rank of captain, making him the only lawmaker in the video still subject to the Uniform Code of Military Justice.
It is an extraordinary move for the Pentagon, which historically avoided overt political entanglements until President Donald Trump’s second term. The investigation follows Trump’s claim on social media that the lawmakers in the video had committed sedition “punishable by DEATH.”
The Pentagon suggested Kelly’s remarks may have undermined “loyalty, morale, or good order and discipline of the armed forces,” citing the statute that prohibits interference with military cohesion.
“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 said.
Kelly dismissed the inquiry as politically motivated.
“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,” he said, adding that he has always upheld his oath to the Constitution.
What the lawmakers said
Kelly was one of six Democratic lawmakers with military or intelligence backgrounds who recorded the video, which was framed as a message “directly to members of the military.”
The group included Sen. Elissa Slotkin and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan, several of whom are viewed as rising political figures.
Kelly told troops that “you can refuse illegal orders.” Other lawmakers urged service members to “stand up for our laws and our Constitution.”
Defense Secretary Pete Hegseth said Kelly was singled out because he is the only one in the group who is formally retired from the military and therefore under Pentagon jurisdiction.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth wrote on X. He also accused the group of sowing “doubt and confusion” that could endanger U.S. troops.
The video made by the “Seditious Six” was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of “good order and discipline.” Their foolish screed sows doubt and confusion — which only puts our warriors in… https://t.co/UvLXChZnmF
— Pete Hegseth (@PeteHegseth) November 24, 2025
The video did not cite specific situations, but its release comes as the Trump administration has ordered the military to destroy small boats in the Caribbean and eastern Pacific suspected of carrying drugs, and has continued pressing to deploy National Guard troops to U.S. cities despite court challenges.
Pentagon spokesperson Sean Parnell reiterated last week that “our military follows orders, and our civilians give legal orders.”
Democrats quickly rallied around Kelly. Senate Majority Leader Chuck Schumer accused Trump of using the Pentagon “as his personal attack dog” and added, “This is what dictators do.”
Sen. Ruben Gallego, D-Ariz., defended Kelly, saying, “Mark told the truth; in America, we swear an oath to the Constitution, not wannabe kings.”
