The Pentagon declared on Monday its intention to investigate Democratic Senator Mark Kelly of Arizona for potential violations of military law. This inquiry concerns his involvement in a video that urged U.S. military personnel to defy “illegal orders” from their superiors. The [source/report] indicates that Kelly, a retired U.S. Navy captain, is facing “serious allegations of misconduct.”
This action follows President Donald Trump’s denunciation of Kelly and five other senators who appeared in the video, with the President suggesting their conduct was “punishable by death.”
Each of the six senators featured in the video had prior service in either the military or national security roles, though Kelly is the only one who held a senior officer position in the military. This distinction means he is the sole individual in the group who legally remains eligible for recall to military service.
Defense Director Pete Hegseth [stated/commented], while calling the video “despicable,” that “Five of the six individuals in that video do not fall under Department of War jurisdiction (one is CIA and four are former military but not “retired”, so they are no longer subject to UCMJ).” He added, “However, Mark Kelly (retired Navy Commander) is still subject to UCMJ—and he knows that.”
The Pentagon asserts that the video runs counter to the “loyalty, morale, or good order and discipline of the armed forces.”
The White House “supports” the investigation, White House Press Secretary Karoline Leavitt informed reporters on Monday after the probe was announced.
“Senator Mark Kelly well knows the rules of the military and the respect one must have for the chain of command,” Leavitt stated. “You can’t have a functioning military if there is disorder and chaos within the ranks, and that’s what these Democrats were encouraging.”
This investigation by the Pentagon into an incumbent Senator is highly unconventional and represents the Trump Administration’s most recent attempt to target its critics, including [unspecified individuals] and New York State Attorney General Letitia James, both of whom had indictments against them dismissed by a federal judge on Monday.
Kelly dismissed the Pentagon’s announcement, characterizing it as the work of “bullies,” and affirmed that he has upheld his oath to the Constitution throughout his military career and “every day since I retired.”
“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,” Kelly said in a [statement/interview]. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
The video, featuring Kelly and his senatorial counterparts, was uploaded to social media last week. In it, they contended that “the threats to our Constitution aren’t just coming from abroad—but from right here at home.”
Addressing service members, the video declared, “You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”
The video emerged as Trump has increasingly relied on federal power, the National Guard, and military members in an unprecedented manner. The President has overseen a bombing campaign on alleged [unspecified targets]—a campaign whose legality has been questioned by experts—and has deployed the National Guard to Democratic-led cities such as Washington D.C., Chicago, Memphis, and Los Angeles in an effort to address what he terms an immigration and crime crisis.
Trump amplified his rhetoric against those Democrats speaking in the video, deeming their actions “seditious” and “punishable by death.”
“This is really bad, and Dangerous to our Country,” Trump [wrote/stated]. “Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???”