(WASHINGTON) — The Department of Defense on Monday said it is launching a “thorough review” into Democratic Sen. Mark Kelly, citing “serious allegations of misconduct.”
The announcement comes days after President Donald Trump accused Kelly and other Democratic lawmakers of “seditious behavior” for a video in which they said that U.S. service members could refuse illegal orders.
In a statement posted to X, the Department of Defense said it “received serious allegations of misconduct” against Kelly, who is 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,” the statement read.
“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 responded in a post on X, saying the social media posts from Hegseth and the Pentagon were the first time he heard of the review.
“When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution. I upheld that 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,” Kelly wrote.
“Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death,” Hegseth continued.
“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. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” Kelly added.
The Arizona senator was one of six Democrats featured in a video last week 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.”
The message stoked more than a dozen social media posts by Trump, who called them “traitors” and said they should be “in jail.” At one point, Trump said their action could be “punishable by death” though later said, “I’m not threatening death, but I think they’re in serious trouble.”
Defense Secretary Pete Hegseth on Monday called the group of Democrats in the video the “Seditious Six” but explained why the probe is focused solely on Kelly.
“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.
All military officers who have retired after 20 years of service are able to be recalled to active duty, and if they are determined to have engaged in misconduct, they are subject to military prosecution — potentially a court martial.
Kelly served for 25 years in the Navy and at NASA, retiring in 2011.
The code referenced by the Defense Department could subject Kelly to an “administrative measure,” which could include a reduction in rank — and a reduction in his pension entitlement.
“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 wrote on X.
ABC News’ Chris Boccia and Luis Martinez contributed to this report.
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