Senator Mark Kelly (D-AZ), a retired U.S. Navy captain and current member of the Senate, is now at the center of a high-profile military and legal controversy. The Department of War has confirmed it is looking into allegations that Kelly and a group of Democratic lawmakers may have encouraged active-duty service members to disobey orders — a move that could result in serious consequences under military law.
The allegations stem from a recently surfaced video in which Kelly, alongside Sen. Elissa Slotkin (D-MI) and Representatives Chris Deluzio, Chrissy Houlahan, Maggie Goodlander, and Jason Crow, appeared to call on military and intelligence personnel to resist what they described as “illegal orders.” While the lawmakers claimed they were defending the Constitution, critics say their message was ambiguous and could easily be interpreted as encouraging unlawful defiance within the ranks.
How is this possible?
BREAKING: Elected Democrats just released a video encouraging members of the military to commit treason and DEFY orders from Trump and Hegseth.@libsoftiktok pic.twitter.com/29hpziQ2iC
— Melissa Redpill – Freedom Force (@MelissaRedpill) November 19, 2025
According to the Department of War’s official statement, the matter is being reviewed under the Uniform Code of Military Justice (UCMJ), specifically under 10 U.S.C. § 688. The department is considering several actions, which may include recalling Kelly to active duty for potential court-martial proceedings. The DOW also reiterated that retired military personnel are still subject to military law and may face consequences for behavior that undermines good order and discipline.
Mark Kelly was the most senior officer who participated in this heinous act. He has poisoned the SHIPS Act and should pass it off to someone who cares more about patriotism than partisanship. @cdrsalamander https://t.co/KVQY50WGE5
— Benjamin Domenech (@bdomenech) November 24, 2025
In response, Senator Kelly posted a photo on social media showing his military decorations and issued a strong denial of any wrongdoing. “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.”
He also appeared on CNN, where he defended his statements and rejected any suggestion that his actions were improper. “There is nothing more American than standing up for the Constitution,” Kelly told the network. “The president didn’t like it, so now he calls for us to be hanged.”
The video that prompted the investigation did not specifically reference which “illegal orders” the lawmakers were concerned about. However, some reports suggest the group may have been referring to recent directives on immigration enforcement, crime response in major cities, or military actions against cartel-linked operations — all areas where Democratic lawmakers have raised objections.
Vice President J.D. Vance called the video “by definition illegal,” referencing sections of the UCMJ that prohibit encouraging disobedience in the ranks. Legal analysts have pointed out that while troops are not required to follow clearly unlawful orders, the law presumes all orders are lawful unless proven otherwise. Service members do not have the legal right to disobey simply because they disagree with an order’s intent or policy background.
If the president hasn’t issued illegal orders, them members of Congress telling the military to defy the president is by definition illegal. https://t.co/Q5drUE6BLS
— JD Vance (@JDVance) November 23, 2025
The DOW emphasized this point in its statement, reminding all military personnel that personal philosophy or political belief does not excuse the disobedience of lawful commands. “Orders are presumed to be lawful,” the statement reads, “and all service members are expected to uphold their obligation under the UCMJ.”
OFFICIAL STATEMENT:
The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations…
— Department of War
(@DeptofWar) November 24, 2025
(@DeptofWar) As the investigation continues, it raises questions about the line between political expression and incitement within the military structure — especially when those expressions come from elected officials with prior service. Whether the Department of War will actually pursue a court-martial or settle on an administrative response remains to be seen, but the case is already drawing strong attention from both sides of the political spectrum.
For now, Senator Kelly remains defiant, framing the allegations as an attempt to silence dissent. But the stakes are high, and the outcome of this situation could have long-lasting effects not just for Kelly, but for how the military handles future interactions with lawmakers, especially those with service backgrounds.
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