The U.S. Department of Defense has initiated an investigation into Senator Mark Kelly (D-Arizona), a retired Navy captain, concerning his participation in a video that advised military servicemembers to consider non-compliance with orders they identified as "illegal" or "unlawful." This development comes as other Democratic lawmakers featured in the same video, including Senator Elissa Slotkin (D-Michigan), have also reported facing federal investigations and threats.
Investigation Initiated by the Pentagon
The Pentagon announced a review into "serious allegations of misconduct" against Senator Kelly, citing his involvement in a video that encouraged military members to refuse unlawful orders. The Department of Defense confirmed the initiation of a "thorough review of these allegations to determine further actions." The Pentagon's public statements also included a reminder that servicemembers are legally obligated under the Uniform Code of Military Justice (UCMJ) to obey lawful orders, which are presumed to be lawful.
The Video's Content and Participants
The video, released on social media in November, featured six Democratic members of Congress, all with backgrounds in the military or intelligence community. In the video, they cited the UCMJ, asserting that no individual is obligated to execute orders that violate law or the Constitution. Senator Kelly is quoted in the video stating, "Our laws are clear. You can refuse illegal orders." The video also suggested that current threats to the Constitution were originating "from right here at home."
Participants in the video included Senator Kelly, Senator Elissa Slotkin, and U.S. Representatives Chris Deluzio, Maggie Goodlander, Chrissy Houlahan, and Jason Crow.
Legal Framework and Potential Consequences
As a retired officer, Senator Kelly remains subject to the UCMJ, a federal law enacted in 1951. The UCMJ applies to active-duty members, activated National Guard and Reserve members, military academy students, certain civilians supporting the military during wartime, and retirees. It grants the military authority to recall retirees for offenses, including those that "prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces."
Potential actions against Senator Kelly could involve a recall to active duty for court-martial proceedings or administrative measures, such as a censure, demotion, or a reduction in retirement pay. The Pentagon stated that the matter would be "handled in compliance with military law, ensuring due process and impartiality," and that official comments would be limited to "preserve the integrity of the proceedings." It reiterated that a servicemember's personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.
Lawmakers Report Additional Investigations and Threats
Senator Elissa Slotkin (D-Michigan) announced that she is under federal investigation by prosecutors in the District of Columbia in connection with her participation in the video. The U.S. Attorney's office for the District of Columbia has not confirmed or denied the existence of an investigation.
Following the video's release, Slotkin and other participating lawmakers reported receiving death threats, bomb scares, and that Slotkin's parents were targeted by swatting incidents. The FBI reportedly requested interviews with the participating lawmakers in November.
Former President Donald Trump commented on the video via Truth Social, accusing the lawmakers of "SEDITIOUS BEHAVIOR" and labeling the message as "treasonous." The White House later clarified that the former President did not intend to suggest physical harm.
Senator Kelly's Response and Lawsuit
Senator Kelly stated he learned of the investigation via the Pentagon's social media post. He commented on X, saying, "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."
Subsequently, Senator Kelly filed a lawsuit against Defense Secretary Pete Hegseth and the Pentagon. This legal action followed indications from Hegseth that plans were underway to censure Kelly. Senator Kelly's lawsuit argues that the government's actions constitute retaliation for speech protected by the First Amendment.