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Pentagon could recall Sen. Mark Kelly for court-martial

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The Pentagon announced Monday it was investigating “serious allegations of misconduct” against Senator Mark Kelly. The Pentagon initiated a probe that could result in the Arizona Democrat being recalled to active duty to face a court-martial.

The Department of Defense said it will conduct a “thorough review of these allegations [to] determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures.”

“This matter will be handled in compliance with military law, ensuring due process and impartiality,” the Pentagon said in a statement.

Kelly, a retired U.S. Navy captain, appeared in a video posted November 18 with five other Democratic lawmakers urging military members to refuse orders from President Donald Trump.

“Our laws are clear: you can refuse illegal orders,” Kelly said in the video. “Your vigilance is critical.”

The video did not specify which orders Kelly and the other lawmakers considered illegal.

Defense Secretary Pete Hegseth called the group of Democrats in the video the “Seditious Six” in a statement on X.

“The video made by the ‘Seditious Six’ was despicable, reckless, and false,” Hegseth said. “Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.”

“Five of the six individuals in that video do not fall under [Defense Department] jurisdiction (one is CIA and four are former military but not ‘retired’, so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ — and he knows that,” Hegseth posted on X.

“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 said.

The Pentagon statement reminded service members “that they have a legal obligation under the UCMJ (Uniform Code of Military Justice) to obey lawful orders and that orders are presumed to be lawful.”

The Department also noted “that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”

President Donald Trump called Kelly and the other lawmakers traitors in a Truth Social post Thursday.

“Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL,” Trump wrote. “Their words cannot be allowed to stand — We won’t have a Country anymore!!! An example MUST BE SET.”

“This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???” Trump wrote.

The five other Democrats in the video were Michigan Senator Elissa Slotkin and Representatives Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan, both of Pennsylvania.

Kelly served in the U.S. Navy as a fighter pilot before becoming an astronaut. He retired at the rank of captain. The senator deployed twice to the Middle East and worked as an instructor at the Naval Pilot School.

The Pentagon’s statement cited a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures.

White House Press Secretary Karoline Leavitt condemned the senators at a recent press briefing.

“You have sitting members of the United States Congress who conspired together to orchestrate a video message to members of the United States military … encouraging them to defy the president’s lawful orders,” Leavitt said.

“They are literally saying to 1.3 million active duty service members to defy the chain of command, not to follow lawful orders,” Leavitt said.

Kelly defended the video on CBS’s “Face the Nation” Sunday.

“The reason why we made this video is a couple things. This president, from before he was in office as he was a candidate, to the time he was in office in his first administration, has said things that cause us great concern. There is a trend here,” Kelly said.

“When he was running for president, the first time he talked about he wanted the military, he said he would, he would- the military should be killing the families of terrorists. And when he was told that that was illegal, this was on a debate stage, he basically said that the military will not refuse to follow my orders, that they will carry out his orders regardless of what they were,” Kelly said.

About the Author

Stephen is a U.S. Army veteran with over a decade of combined experience in political commentary, economics, and news.