Pentagon investigating US Sen. Mark Kelly of Arizona over ‘illegal orders’ video

PHOENIX – The Pentagon is investigating U.S. Sen. Mark Kelly of Arizona over him telling military members they don’t have to follow illegal orders.

The Department of War announced Monday on its X account that it is reviewing “serious allegations of misconduct” against Kelly, a former Navy pilot.

The post, labeled an “official statement,” said Kelly could face court-martial proceedings. It cites federal statute that prohibits interfering with military loyalty, morale or discipline.

“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 statement says.

Kelly issued a statement summarizing his military career and saying he will not be deterred.

“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,” he said.

When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution. I upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space… pic.twitter.com/jMAlYEozQ6

— Senator Mark Kelly (@SenMarkKelly) November 24, 2025

Why was Sen. Mark Kelly singled out by Pentagon?

Kelly appeared along with five other Democratic members of Congress in a video last week, telling members of the military and intelligence communities they can refuse illegal orders from their superiors.

Monday’s Department of War statement didn’t mention the others in the video — Sen. Elissa Slotkin (Mich.) and Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Chrissy Houlahan (Pa.) and Maggie Goodlander (N.H.) — all of whom have either military or intelligence experience.

However, Secretary of War Pete Hegseth explained that Kelly is the only one officially “retired” from the military, so the others don’t fall under the Pentagon’s authority.

“As was announced, the department is reviewing his statements and actions, which were addressed directly to all troops while explicitly using his rank and service affiliation — lending the appearance of authority to his words. Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth said in an X post.

On Thursday, President Donald Trump called the video “seditious behavior, punishable by death.”

Over the weekend, Kelly said he and the others in the video have received increased threats in the wake of Trump’s reaction.

“What the president said is very serious. I didn’t think he would step over that line, calling for the execution of members of Congress,” Kelly told CBS’ “Face the Nation” on Sunday.

Mark Kelly provides insight into reason behind video

In Tuesday’s video, the Democrats did not specify what exact orders they were referring to.

But Kelly discussed his motive with KTAR News 92.3 FM’s Arizona’s Morning News on Wednesday, before Trump’s attack. He said the message was referring specifically to recent strikes against alleged drug smuggling boats in the Caribbean Sea that he believes were “really close” to crossing over into illegal activity.

“I served in the United States Navy for 25 years under the Uniform Code of Military Justice, the UCMJ,” Kelly said. “It’s actually required that you do not follow illegal orders. And this president has gone really close to crossing that line, if not crossed it.”

In its statement Monday, the Pentagon noted that the UCMJ applies to retired military members.

“All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order,” the statement said.

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