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Monday 23/02/2026

Pentagon Investigates Senator Mark Kelly Over Military Orders Video

Retired Navy Captain Mark Kelly in front of the Pentagon
Ethan BrooksEthan Brooks

In This Article

HIGHLIGHTS

  • The Pentagon is investigating Senator Mark Kelly for urging military personnel to refuse unlawful orders, citing potential breaches of military law.
  • Kelly, a retired Navy captain, remains subject to the Uniform Code of Military Justice (UCMJ) and could face recall for court-martial.
  • President Trump accused Kelly and other Democrats of "seditious behavior," escalating political tensions.
  • Kelly criticized Republicans for their silence on Trump's threats, emphasizing the potential for increased threats against lawmakers.
  • The Pentagon's investigation marks a rare instance of direct action against a sitting member of Congress, highlighting the political and legal complexities involved.

The Pentagon has launched an investigation into Democratic Senator Mark Kelly following his participation in a video urging military personnel to refuse unlawful orders. This unprecedented move against a sitting member of Congress has sparked significant political and legal debate.

Background and Allegations

The investigation, announced on Monday, centers on Kelly's involvement in a video with five other Democratic lawmakers, all with military or intelligence backgrounds. The video, released last week, advised military members that they are not obligated to follow illegal commands. The Pentagon's statement suggested that Kelly's actions might have interfered with the "loyalty, morale, or good order and discipline of the armed forces," potentially violating military law.

As a retired Navy captain, Kelly remains subject to the Uniform Code of Military Justice (UCMJ), which allows for the recall of retirees for offenses such as disobeying federal laws. The Pentagon has indicated that Kelly could face a recall to active duty for court-martial or other administrative measures.

Political Reactions and Trump's Accusations

The situation has been further inflamed by former President Donald Trump's accusations of "seditious behavior" against Kelly and his colleagues, labeling their actions as punishable by death. Trump's comments have drawn criticism from Democratic leaders, who condemned the rhetoric as dangerous and inflammatory.

Senator Kelly has responded to the investigation and Trump's accusations by asserting his commitment to holding the administration accountable. He criticized the lack of response from Republican lawmakers to Trump's threats, highlighting the potential for increased threats against Democratic members of Congress.

Legal and Military Context

The Pentagon's decision to investigate Kelly underscores the complex intersection of military law and political discourse. The UCMJ, enacted in 1951, applies to all active-duty members, certain civilians, and retirees, emphasizing the legal obligations of military personnel to obey lawful orders.

Kelly, who served as a combat pilot during the Gulf War and later as a NASA astronaut, has stated that he will not be intimidated by the investigation or political pressure. He emphasized his dedication to the Constitution and the rule of law.

WHAT THIS MIGHT MEAN

The investigation into Senator Kelly could set a significant precedent for how military law is applied to retired service members who engage in political activities. If the Pentagon proceeds with a court-martial, it may raise questions about the balance between military discipline and freedom of speech for retired personnel.

Politically, the situation could further polarize the already tense relationship between Democrats and Republicans, especially if the investigation is perceived as politically motivated. The outcome may influence future interactions between military institutions and political figures, potentially impacting how military law is enforced in politically sensitive contexts.

Experts suggest that the Pentagon's actions could either reinforce the apolitical stance of the military or, conversely, be seen as a tool for political intimidation, depending on the investigation's transparency and outcome. The situation remains fluid, with potential implications for both military and political spheres.