The Pentagon says it has opened an investigation into Arizona Sen. Mark Kelly, a retired Navy captain, after he appeared in a video with other Democratic lawmakers reminding U.S. military and intelligence personnel that they must refuse unlawful orders. The video, released last week, has drawn fierce condemnation from President Donald Trump and Defense Secretary Pete Hegseth, who have accused the group of encouraging sedition. Kelly has denounced the probe as an effort to intimidate Congress, according to multiple news reports.
On November 24, 2025, the Pentagon announced it was reviewing allegations of misconduct against Sen. Mark Kelly (D-Ariz.) for possible violations of military law after he appeared in a video posted on social media urging service members to refuse illegal orders, according to NPR and other outlets.
The roughly 90-second video features six Democratic lawmakers with military or intelligence backgrounds: Sen. Mark Kelly of Arizona, Sen. Elissa Slotkin of Michigan, Rep. Jason Crow of Colorado, Rep. Chris Deluzio of Pennsylvania, Rep. Chrissy Houlahan of Pennsylvania, and Rep. Maggie Goodlander of New Hampshire. Kelly is a retired Navy captain and former NASA astronaut; Slotkin served as a CIA analyst, Crow is a former Army Ranger, Deluzio is a former Navy surface warfare officer who deployed to Iraq, Houlahan served in the Air Force and Air Force Reserve, and Goodlander was a Navy intelligence officer. These backgrounds are detailed by NPR and Yahoo News.
In the video, the lawmakers address "members of the military and the intelligence community" and say: "Like us, you all swore an oath to protect and defend this Constitution." They warn that "right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home," and stress: "Our laws are clear: you can refuse illegal orders. … No one has to carry out orders that violate the law or our Constitution," with Kelly specifically saying, "Our laws are clear, you can refuse illegal orders," according to transcripts published by Yahoo News and PolitiFact.
The video does not spell out specific orders it deems unlawful. However, in subsequent comments cited by Yahoo News and PolitiFact, Slotkin and Kelly pointed to concerns raised by some service members about recent U.S. strikes on suspected drug-smuggling boats in the Caribbean and the deployment of National Guard troops to U.S. cities as examples of operations that, in their view, raise legal questions.
President Trump reacted with a series of posts on Truth Social, accusing the six Democrats of sedition. In multiple posts quoted by outlets including PolitiFact, The Guardian and Yahoo News, Trump called their actions "SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL" and wrote that each lawmaker "should be ARRESTED AND PUT ON TRIAL," adding in another post: "SEDITIOUS BEHAVIOR, punishable by DEATH!" He also reshared a user post that read, "HANG THEM GEORGE WASHINGTON WOULD!!" In a later radio interview, Trump said he was not personally threatening them with execution but argued they had broken the law and were in "serious trouble," according to Yahoo's account of the interview.
Defense Secretary Pete Hegseth, serving under Trump, publicly condemned the video. In comments reported by the Daily Wire, he branded the group the "Seditious Six" and called the video "despicable, reckless, and false," arguing that it risked undermining military discipline. The Pentagon, in a statement highlighted by NPR and the Associated Press, said it was examining "serious allegations of misconduct" against "Captain Mark Kelly, USN (Ret.)" and underscored that federal law allows retired officers like Kelly to be recalled to active duty and tried under the Uniform Code of Military Justice (UCMJ).
Kelly is the only retired military officer among the six, a point emphasized by the Pentagon and several news organizations. Because retired officers remain subject to the UCMJ, the Defense Department is reviewing whether his participation in the video could warrant administrative action or, in an extreme case, recall to active duty for potential court-martial, according to the Associated Press and the Wall Street Journal.
Kelly has pushed back forcefully. He told reporters and interviewers that he first learned of the Pentagon review from Hegseth’s public comments and social media posts, and characterized the investigation as an attempt by the Trump administration to intimidate members of Congress who are exercising oversight and speaking about the law, according to NPR and Time. "If this is meant to intimidate me and other members of Congress from doing our jobs, it won’t work," Kelly said in remarks reported by Time and CBS News. He also warned that Trump’s rhetoric could have "serious, serious consequences," especially given that his wife, former Rep. Gabrielle Giffords, survived a 2011 assassination attempt, as noted by CBS.
Legal scholars and military law experts interviewed by outlets including NPR, the Associated Press and Slate say that recalling a retired officer who now serves as a sitting U.S. senator for potential court-martial would be highly unusual. Analysts have compared the situation in broad terms to past efforts to discipline outspoken military figures, though the article’s initial reference to the specific 1925 court-martial of Col. Billy Mitchell does not appear in the sources reviewed and has therefore been removed. Experts also note that the Constitution affords lawmakers certain protections against executive-branch retaliation for their legislative activities, raising concerns about the implications of the probe.
Slotkin defended the video during media appearances, including a televised interview cited by the Daily Wire, saying that she and her colleagues were simply restating long-established law that service members must refuse unlawful orders. While she said she was not accusing the administration of issuing specific illegal orders, she pointed to what she called "legal gymnastics" around some recent Caribbean strikes and potential uses of the military in U.S. cities as developments that have raised questions among service members and legal analysts, echoing concerns reported by PolitiFact and other outlets.
The Pentagon has said its review of the allegations against Kelly is ongoing. Military officials have stressed, in statements summarized by the Associated Press and the Wall Street Journal, that orders in the U.S. armed forces are presumed lawful, and that conduct aimed at undermining good order and discipline can violate federal law and the UCMJ. At the same time, legal experts interviewed across several news organizations agree that U.S. law is clear that service members not only may but in some cases must refuse patently illegal orders.
