Sen. Mark Kelly, D-Ariz., talks with reporters in Dirksen building on Tuesday, October 28, 2025.
Tom Williams | Cq-roll Call, Inc. | Getty Images
The Pentagon on Monday said that it was reviewing what it called “serious allegations of misconduct against” Sen. Mark Kelly of Arizona for making a video with five other Democratic lawmakers that urged members of the military to refuse to follow unlawful orders.
President Donald Trump last week called the lawmakers “traitors” and called their statements on the video “seditious behavior at the highest level.”
Defense Secretary Pete Hegseth, in a statement on X announcing the probe of Kelly, who is a retired U.S. Navy captain, said, “The video made by the ‘Seditious Six’ was despicable, reckless, and false.”
“Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline,” said Hegseth.
“Five of the six individuals in that video do not fall under @DeptofWar jurisdiction,” Hegseth wrote.” However, Mark Kelly (retired Navy Commander) is still subject to UCMJ — and he knows that.”
UCMJ is the Uniform Code of Military Justice.
The Pentagon in its own statement on X said that a “thorough review of these allegations has been initiated 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 the statement.
Kelly, in a video posted on X on Nov. 18, had said, “Our laws are clear: you can refuse illegal orders.”
The five other Democrats who underscored that same message on the video were Michigan Sen. Elissa Slotkin, as well as House Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan, both of Pennsylvania.
Trump in a Truth Social post on Thursday said, “Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL.”
“Their words cannot be allowed to stand — We won’t have a Country anymore!!! An example MUST BE SET.”
The Pentagon, in its statement Monday, said “The Department of War reminds all individuals 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,” the post.
“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,” the post said.
“A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
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