Defense Department Says Mark Kelly Is Under Investigation After Video to Troops

The Department of Defense said Monday it is investigating Sen. Mark Kelly after he appeared in a video encouraging troops to disobey illegal orders.

Kelly, a retired Navy captain, released the video with Democratic members of Congress last week. President Donald Trump suggested in response that the members committed sedition, which he said was “punishable by DEATH!”

The Pentagon said it “has received serious allegations of misconduct” against Kelly and that further actions “may include recall to active duty for court-martial proceedings or administrative measures.”

Its statement added a “reminder” that military retirees are subject to a prohibition on “actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”

“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 statement reads, referring to the Uniform Code of Military Justice. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”

Kelly has defended the video in the wake of Trump’s comments.

“Listen, Trump. Your continued threats will not intimidate me or keep me from doing my job, which includes oversight of the executive branch,” Kelly said in a post on X Sunday. “Stop the threats of execution, hanging, and sending a mob before someone gets hurt.”

He said in a statement on Monday that he learned of the investigation via the department’s X post and defended his long military record, saying he upheld his oath “through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space shuttle flights at NASA, and every day since I retired – which I did after my wife Gabby was shot in the head while serving her constituents.”

“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. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”

Sen. Ruben Gallego defended his fellow Arizona Democrat and veteran.

Kelly “has dedicated his life to serving this country with honor,” Gallego wrote on X. “And now Trump is coming after him with the same baseless garbage he throws at anyone who refuses to bend the knee. Mark told the truth — in America, we swear an oath to the Constitution, not wannabe kings.”

He followed up with a more succinct response.

“Fuck you and your investigation,” Gallego wrote.

This article has been updated with comments from Sens. Mark Kelly and Ruben Gallego.