Pentagon investigating Sen. Mark Kelly over 'refuse illegal orders' video

Sen. Mark Kelly speaks during a roundtable on extreme heat at his Phoenix office on July 11, 2025.

The Pentagon announced Nov. 24 that it was investigating Sen. Mark Kelly for "serious allegations of misconduct" after the Arizona Democrat called for U.S. troops to refuse unlawful orders.

Officials are reviewing whether Kelly was involved in a breach of military law, according to a post on X from the Department of War.

Kelly was among a group of six Democratic lawmakers who put out a video directed at service members telling them they have the right not to obey orders they believe to be illegal.

"A thorough review" of the allegations was initiated to determine further actions against Kelly, a retired U.S. Navy captain, "which may include recall to active duty for court-martial proceedings or administrative measures," the post reads.

The social media post cited a federal law that allows retired military members to be recalled to active duty if ordered.

"The Department of War reminds all individuals that military retirees remain subject to the (Uniform Code of Military Justice) for applicable offenses, and federal laws ... prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces," the post said. "Any violations will be addressed through appropriate legal channels."

The agency said further information would not be released, citing the pending investigation.

Kelly: I won't be 'silenced by bullies'

In a statement, Kelly said he learned about the investigation after Secretary of War Pete Hegseth posted about it on X.

"Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death," Kelly said in a statement emailed to USA TODAY.

President Donald Trump, in a Nov. 20 post on his social media website Truth Social, accused the Democratic lawmakers who appeared in the video of "SEDITIOUS BEHAVIOR, punishable by DEATH!" Trump later said he was not threatening them with execution, but believes they are in "serious trouble" and said Hegseth was "looking into it militarily" for potential charges in military courts.

“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 his 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.”

'Our laws are clear': Video calls for troops to refuse illegal orders

The move comes after Kelly and five other Democrats posted a video directed at members of the armed forces and intelligence community, saying, "Our laws are clear. You can refuse illegal orders."

The other Democratic politicians who spoke in the video were: