Sen. Mark Kelly (D-AZ) and President Donald Trump.

By Chris Spiker From Daily Voice

The Pentagon has launched an investigation into a senator threatened by President Donald Trump with the death penalty for telling soldiers to reject unconstitutional orders.

The Department of Defense announced the investigation into Sen. Mark Kelly in a social media post on Monday, Nov. 24. The probe comes less than a week after the Arizona Democrat was among the congressional lawmakers to appear in a video urging troops and intelligence officials to reject illegal orders from Trump.

The DoD said it has received "serious allegations of misconduct" against Kelly, a retired Navy captain and combat pilot who served from 1986 to 2011.

"This matter will be handled in compliance with military law, ensuring due process and impartiality," the DoD wrote. "Further official comments will be limited to preserve the integrity of the proceedings."

The video features Kelly and five other Democratic members of Congress who are either veterans or former national security officials. It also included Sen. Elissa Slotkin of Michigan, along with Reps. Jason Crow of Colorado, Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire, and Chris Deluzio of Pennsylvania.

The group cited several parts of the Uniform Code of Military Justice (UCMJ), including Article 90, which is titled "Willfully Disobeying Superior Commissioned Officer."

"This administration is pitting our uniformed military and intelligence community professionals against American citizens," the lawmakers said. "Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats to our Constitution aren't just coming from abroad, but from right here at home. Our laws are clear, you can refuse illegal orders."

Trump responded with several angry posts on his social media platform Truth Social, accusing them of "SEDITIOUS BEHAVIOR, punishable by DEATH!" During a Fox News Radio interview, Trump claimed he wasn't threatening the lawmakers with executions, but stood by his posts.

Trump argued that he was referencing historical punishments for sedition, including a post he shared that said, "HANG THEM GEORGE WASHINGTON WOULD!!"

"They're looking into it militarily," said Trump. "I don't know for a fact, but I think the military is looking into it, the military courts."

The DoD confirmed that it was opening a probe into Kelly for possibly violating the UCMJ and he could be recalled into active duty to face court-martial proceedings.

"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 department said. "A servicemember's personal philosophy does not justify or excuse the disobedience of an otherwise lawful order."


Sen. Mark Kelly (D-AZ) speaking at a 2024 campaign event for then-Vice President Kamala Harris.

Sen. Mark Kelly (D-AZ) speaking at a 2024 campaign event for then-Vice President Kamala Harris.

Wikimedia Commons - Gage Skidmore

According to Kelly's website, he flew 39 combat missions during Operation Desert Storm in 1991. NASA picked Kelly to become an astronaut in 1996, and he spent more than 50 days in space on four missions.

On the Sunday, Nov. 23, episode of CBS's "Face the Nation," Kelly said that Trump is using intimidation tactics to avoid accountability.

"He declared that loyalty to the Constitution is now punishable by death," said Kelly. "Those are serious words coming from the President of the United States. He's trying to intimidate us, but I'm not going to be intimidated."

In September, Trump signed an executive order to change the DoD's name to "Department of War," but the rebranding requires congressional approval.