US Sen. Mark Kelly among 6 Democratic lawmakers not indicted for military noncompliance remarks

PHOENIX — U.S. Sen. Mark Kelly of Arizona was among six Democratic lawmakers that federal prosecutors in Washington D.C. failed to indict Tuesday for video comments last fall regarding military noncompliance of potentially illegal orders, according to reports.

U.S. Secretary of Defense Pete Hegseth had previously censured Kelly in early January and threatened to demote the retired U.S. Navy captain for telling troops they should defy unlawful orders.

The Associated Press wrote it wasn’t immediately clear whether prosecutors had sought indictments against all six lawmakers or what charges prosecutors attempted to bring.

Kelly reacted on X, saying the fact that his comments are even being treated for indictment is “an outrageous abuse of power.”

“It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime — all because of something I said that they didn’t like,” Kelly said. “That’s not the way things work in America.

“Donald Trump wants every American to be too scared to speak out against him. The most patriotic thing any of us can do is not back down.”

Why was Sen. Mark Kelly censured?

Kelly came under scrutiny after he and five other Democrats appeared in a Nov. 18 video telling members of the U.S. military and the intelligence community they have a duty to refuse “illegal orders.”

Two days after the 90-second video was released, Trump called the participants “traitors” and accused them of sedition “punishable by death” on his Truth Social account.

On Nov. 24, the Pentagon announced it was reviewing “serious allegations of misconduct” against Kelly and warned he could face court-martial proceedings.

All six Democratic lawmakers in the video — Kelly, Sen. Elissa Slotkin (Mich.) and Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Chrissy Houlahan (Pa.) and Maggie Goodlander (N.H.) — served in the military or the intelligence community.

KTAR News Senior Editor Kevin Stone and the Associated Press contributed to this report.

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