Pentagon opens review over misconduct allegations against Sen. Mark Kelly
The decision was made after a video in which the senator and other Democrats called on troops to reject "illegal" orders from the Trump administration.
U.S. Sen. Mark Kelly, D-Ariz.
The Pentagon confirmed Monday that it received allegations of misconduct against Democratic Senator Mark Kelly (Arizona) and initiated a formal review of the case. The decision came days after the video in which Kelly and other Democratic lawmakers called on members of the Armed Forces and intelligence to disobey any orders issued by the Trump administration that they deemed illegal.
In a statement, the Department of Defense explained that the review seeks to define possible disciplinary actions, including an eventual return to active duty to face court-martial proceedings, or administrative measures. The institution said it will handle the case under military regulations and will limit further comments to protect the process.
Kelly's response and his accusation of political pressure
Kelly, a retired Navy captain and former astronaut, said he learned of the review through a post on X by Defense Secretary Pete Hegseth. The senator defended his service in the Navy and NASA and asserted that he always honored his oath to the Constitution.
"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. 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 said.
The video that generated the controversy
The reaction in Washington was immediate. President Trump called the six lawmakers "traitors" and accused the group of engaging in seditious behavior. White House press secretary Karoline Leavitt later noted that the president wants the lawmakers to face consequences, but is not seeking extreme punishment.
Vice President JD Vance also criticized the video and said instructing the military to disobey the president, without a proven illegal order, is a violation of the law. Following the release of the message, Democratic lawmakers reported "disturbing" threats.
Why Kelly's case falls under military jurisdiction
Secretary Hegseth explained that the Pentagon is directing the review only against Kelly because he is retired military. That status keeps him subject to the Uniform Code of Military Justice (UCMJ). The other five lawmakers do not fall into that category.
The Defense Department recalled that military retirees continue to fall under the UCMJ for applicable offenses. It also cited federal law prohibiting actions aimed at interfering with the loyalty, morale or discipline of the Armed Forces. The statement asserted that military orders are presumed legitimate and that personal convictions do not justify disobedience.
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