The Pentagon has opened an investigation into Arizona senator Mark Kelly after he appeared in a video urging U.S. troops to refuse unlawful orders—an unprecedented move that has set off a political and legal firestorm.
The probe comes just days after former President Donald Trump accused Kelly and other Democrats featured in the video of “seditious behavior, punishable by death.”
Pentagon Targets a Sitting Senator
It is exceptionally rare for the Pentagon to directly threaten a sitting member of Congress with investigation. Traditionally, the military has tried to remain politically neutral—until Trump’s second presidency shifted that dynamic.
In a statement posted Monday on social media, the Pentagon said it is examining whether Kelly violated military law. The agency cited a federal rule allowing retired service members to be recalled to active duty for potential court-martial. Kelly previously served as a Navy fighter pilot and later as a NASA astronaut, retiring at the rank of captain.
The Pentagon suggested Kelly’s comments may have undermined “loyalty, morale, or good order and discipline” within the military—serious allegations under the Uniform Code of Military Justice (UCMJ).
“A thorough review of these allegations has been initiated,” the statement said. “This may include recall to active duty for court-martial proceedings or administrative measures.”
What Kelly Said in the Video
In the video posted last Tuesday, Kelly was one of six lawmakers with military or intelligence backgrounds speaking “directly to members of the military.”
Kelly told service members plainly: “You can refuse illegal orders.”
Others urged troops to “stand up for our laws … our constitution.”
Trump’s defense secretary, Pete Hegseth, responded sharply on Monday, calling the video “despicable, reckless and false.” He emphasized that Kelly is the only participant who remains bound by the UCMJ.
“Encouraging our warriors to ignore the orders of their commanders undermines every aspect of good order and discipline,” Hegseth said. “Kelly’s conduct brings discredit upon the armed forces.”
Kelly Fires Back
Kelly said he learned of the investigation only after seeing the Pentagon’s social media post.
“If this is meant to intimidate me and other members of Congress from doing our jobs … it won’t work,” he said. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the constitution.”
Kelly referenced his combat experience and his high-risk missions as an astronaut.
“I had a missile blow up next to my jet … At NASA, I launched on a rocket, commanded the space shuttle, and helped recover the bodies of my astronaut classmates who died,” he said. “I did all of this in service to this country.”
Trump Escalates With Talk of ‘Death’ Penalty
Trump reacted with fury to the video, claiming Kelly and the other Democrats engaged in “SEDITIOUS BEHAVIOR, punishable by DEATH.”
He also reposted a Truth Social comment reading: “HANG THEM.”
Under U.S. military law, active-duty service members can technically face the death penalty for sedition. Civilians can face fines and up to 20 years in prison.
Republicans largely backed Trump’s outrage, while critics accused him of inciting violence.
Safety Fears and Political Silence
Kelly said Trump’s accusations made him fear for his family’s safety—especially after his wife, former congresswoman Gabrielle Giffords, survived an assassination attempt in 2011.
“This kind of language is dangerous, and it’s wrong,” Kelly said Friday on MSNBC’s Morning Joe, pointing to rising political violence across the country.
On Sunday, speaking on Face the Nation, Kelly added:
“We’ve heard very little—basically crickets—from Republicans … about the president saying members of Congress should be hanged.”
