Sen. Mark Kelly waits to speak during a news conference at the U.S. Capitol in 2023.
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The Pentagon said Monday it is investigating Arizona Sen. Mark Kelly, a retired U.S. Navy fighter pilot and NASA astronaut, for possible violations of military law after he appeared in a video with other Democratic lawmakers urging active duty military and intelligence personnel to refuse “illegal orders.”
In the case of Kelly, the Pentagon put out a statement saying that it had “received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.),” and that “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, posted on X, said: “This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.”
The move comes as the Trump administration faces legal questions surrounding its deployment of National Guard troops to U.S. cities and deadly airstrikes on boats suspected of drug smuggling in the Caribbean.
Last week, Kelly, a Democrat elected in 2020, joined five other House and Senate Democrats who also served in the armed forces or an intelligence branch in a video on X. In it, Kelly and the others said: “This administration is pitting our uniformed military and intelligence intelligence community professionals against American citizens. Like us, you all swore an oath to protect and defend this Constitution.”
“Our laws are clear. You can refuse illegal orders,” the video said.
The video included appearances from Sen. Elissa Slotkin, a former CIA analyst, Colorado Rep. Jason Crow, a former Army Ranger who fought in Iraq, two Congress members from Pennsylvania — Rep. Chris Deluzio, a former U.S. Navy officer, and Rep. Chrissy Houlahan, a former Air Force officer — as well as Rep. Maggie Goodlander of New Hampshire, a former U.S. Navy intelligence officer.
After the video’s release, President Trump posted on Truth Social that it amounted to “seditious behavior” that was “punishable by death.” Although the president later clarified that he was “not threatening death,” he posted again on Truth Social Sunday (in all caps): “IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME. THERE CAN BE NO OTHER INTERPRETATION OF WHAT THEY SAID!”
After Trump’s post, White House press secretary Karoline Leavitt said in response to a question about the video on Thursday that any incitement to “defy the chain of command, not to follow lawful orders” was “a very dangerous thing for sitting members of Congress to do, and they should be held accountable, and that’s what the president wants to see.”
Shortly after Trump’s initial post on Thursday, House Speaker Mike Johnson told reporters: “For a senator like Mark Kelly or any member of the House or Senate to behave in that kind of talks is to me so just beyond the pale.”
“I’m not going to say anything more on it,” he added.
Speaking on CBS’ Face The Nation over the weekend, Kelly said Republicans in Congress had not spoken out after the president’s threat. “We’ve heard very little, basically crickets, from Republicans in the United States Congress about what the president has said about hanging members of Congress.”
Only Kelly, who is formally retired from the Navy with the rank of captain, could be recalled to active duty for court-martial. Such a move by the Pentagon is exceedingly rare and it’s unclear if defense officials will follow through on the threat.
Kelly is married to former Arizona Democratic Rep. Gabby Giffords, who was nearly killed in 2011 in an assassination attempt. As a naval aviator, he flew combat missions over Iraq before being selected as an astronaut by NASA. He went on to fly two Space Shuttle missions as a pilot and two more as commander. His twin brother is former NASA astronaut Scott Kelly.