Sen. Mark Kelly (D-Ariz.) is being investigated by the Department of War for “serious allegations of misconduct.”
The news came from the DOW in the form of a post on X, days after Kelly and other Democratic lawmakers posted a video urging U.S. service members could refuse illegal orders, per ABC News.
President Donald Trump accused the lawmakers of “seditious behavior.”
In its post Monday, the DOW said it “received serious allegations of misconduct” against Kelly, a retired U.S. Navy captain.
“In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures. This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings,” per the statement.
“The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels,” the Pentagon said.
Kelly was one of six Democrats who posted a video last week, which was addressed to military members.
“The threats to our Constitution aren’t just coming from aboard, but from right here right at home. Our laws are clear. You can refuse illegal orders,” the group said. “No one has to carry out orders that violate the law or our Constitution.”
In return, Trump called them “traitors” and said they should be “in jail.” At one point, Trump said their action could be “punishable by death.”
He later said, “I’m not threatening death, but I think they’re in serious trouble.”
Kelly was on CBS’ “Face the Nation” Sunday and responded to Trump’s comments.
“What the president said is very serious. I didn’t think he would step over that line calling for the execution of members of Congress. And his words carry tremendous weight, more so than anybody else in the country, and he should be aware of that,” Kelly said.
War Secretary Pete Hegseth referred to the group asthe “Seditious Six” Monday.
He also explained why only Kelly was under investigation.
“Five of the six individuals in that video do not fall under [Defense Department] jurisdiction (one is CIA and four are former military but not “retired”, so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ — and he knows that,” Hegseth posted on X.
“As was announced, the Department is reviewing his statements and actions, which were addressed directly to all troops while explicitly using his rank and service affiliation — lending the appearance of authority to his words. Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth added.
