The Pentagon has said it is investigating United States Senator Mark Kelly, a retired naval aviator and astronaut, for his participation in a video that urged military service members to refuse “illegal orders”.
It is unusual for the US military to take action against a retired officer. But Monday’s announcement came after President Donald Trump repeatedly called for criminal charges against Kelly and other Democratic lawmakers involved in the video.
Pentagon chief Pete Hegseth said later on Monday that Kelly is facing a probe because he is the only lawmaker in the video who falls under the jurisdiction of military law as a retired Navy captain.
“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,” Hegseth wrote on X.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
The senator was quick to respond with defiance to the Pentagon’s move.
“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. “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 Pentagon had suggested that Kelly is accused of “actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces”.
Last week, Trump described the legislators as traitors and went as far as arguing that they should face the death penalty for sedition: in other words, speech that is designed to incite a rebellion.
Kelly, a former US Navy captain who now represents Arizona in the Senate, was one of six former military and intelligence officers featured in the video, released on November 18.
“Our laws are clear. You can refuse illegal orders,” they said in the video.
The Pentagon stressed that under the Uniform Code of Military Justice (UCMJ) — which spells out military laws and guidelines — service members have a legal obligation 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,” it wrote in Monday’s statement.
The Pentagon added that Kelly could face recall “to active duty for court-martial proceedings or administrative measures”.
Retired military personnel who continue to receive benefits after their service remain subject to military law, according to the UCMJ.
But it is rare for military courts to prosecute former service members, especially for alleged offences committed after their tenure.
In recent days, Democrats have expressed outrage over Trump’s response to the lawmakers’ videos, which they say amounts to a death threat.
Democrats have also argued that the video simply reaffirms a fact of military law: Service members are required to refuse orders they know to be in violation of the US law, as part of their oath to the Constitution.
