Pentagon announces ‘thorough review’ of allegations against Senator Mark Kelly

The Pentagon said Monday it was looking into “serious allegations of misconduct” against Democratic U.S. Sen. Mark Kelly.

Kelly, a retired U.S. Navy captain, was one of six Democrats. lawmakers who released the video calling on military personnel to refuse illegal orders.

The post on the Department of War X account did not detail the allegations against Kelly, but suggests the move is in response to Kelly's statements: “All military personnel are reminded that under the UCMJ they have a legal obligation to obey lawful orders and that orders are considered lawful.”

Kelly said he learned of the investigation through a Pentagon social media post Monday.

“If this is meant to intimidate me and other members of Congress from doing their jobs and holding this administration accountable, it won't work,” Kelly responded to X.

Beyond the Pentagon, US President Donald Trump posted on social media last week accusing Kelly and other Democratic lawmakers of “seditious behavior punishable by death.”

“I have given too much to this country to be silenced by bullies who care more about their power than protecting the Constitution.”

Kelly was a U.S. Navy combat pilot who served during the first Gulf War and later flew four space flights for NASA from 2001 to 2011. He is married to former Arizona congresswoman Gabrielle Giffords, who retired after being shot in a 2011 mass shooting.

Although he retired from the military, he is still subject to the Uniform Code of Military Justice (UCMJ), a federal law passed by Congress in 1951 that subjects military personnel to a special set of rules.

This applies to all active-duty military personnel, as well as activated National Guard and Reserve members, students at military academies, and certain civilians serving in support of the armed forces during war.

It also applies to retirees and gives the military the ability to recall retirees for qualifying offenses such as disobeying federal laws that “prohibit acts designed to undermine loyalty, morale, or good order and discipline in the armed forces.”

The Pentagon said Monday that further action could be taken against Kelly, including being recalled to active duty due to a court-martial or administrative action.

The Pentagon said in a statement that the matter would be “resolved in accordance with military law, ensuring due process and impartiality” and that further official comment would be limited “to preserve the integrity of the proceedings.”

“All military personnel are reminded that under the UCMJ they are required to obey lawful orders and that orders are considered lawful. A service member's personal philosophy does not justify or excuse disobedience to a lawful order.”

The video of the Democrats, all of whom served in the military or intelligence services, was released by Michigan Sen. Elissa Slotkin and features Kelly and U.S. Reps. Chris Deluzio, Maggie Goodlander, Chrissy Houlahan and Jason Crow. In it, they tell military personnel that they do not have to obey illegal orders.

Kelly says in the video: “Our laws are clear. You can refuse illegal orders.”

“This administration is turning our uniformed military and intelligence professionals against American citizens,” the video says.

“Like us, you are all sworn to defend this Constitution. Right now, threats to our constitution are coming not only from abroad, but right here at home.”

Trump responded to the video with a series of angry Truth Social posts on Thursday, accusing lawmakers of “seditious behavior at the highest level.”

“Each and every one of these traitors to our country must be ARRESTED AND PROVIDED TO JUDGE. Their words cannot stand,” he wrote. “An example MUST be set.”

His remarks were met with bipartisan condemnation and the president, who is commander-in-chief of the armed forces, retracted these statements in an interview with Fox on Friday, clarifying that he made “no death threats” against Democratic lawmakers.

Reposting the Pentagon's statement on X on Monday, Defense Secretary Pete Hegseth called the Democrats' video “despicable, reckless and false,” calling the lawmakers the “seditious six.”

He said encouraging American soldiers to ignore the orders of their commanders “undermines every aspect of 'good order and discipline.'”

“Their foolish quarrel sows doubt and confusion, which only puts our warriors in danger,” he wrote, singling out Kelly as the only one of the six who still reports to the UCMJ.

“As announced, the Department is reviewing his statements and actions, which were directly addressed to all military personnel, while clearly using his rank and service affiliation, which gives his words the appearance of authority,” Hegseth wrote.

He added that Kelly's behavior “discredits the armed forces and will be dealt with accordingly.”