Pentagon probes Senator Mark Kelly over video urging troops to refuse illegal orders

The Pentagon says it is investigating US Senator Mark Kelly, a retired naval aviator and astronaut, over his role in a video telling service members they can refuse “illegal orders”, a move that has dragged a political clash straight into military territory.

While it is rare for the US military to target a retired officer, the investigation follows days of pressure and rhetoric from President Donald Trump, who has called for criminal charges against Kelly and other Democratic lawmakers featured in the video.

Pentagon chief Pete Hegseth said Kelly is being singled out because he is the only participant who still falls under military jurisdiction as a retired Navy captain.

“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,” Hegseth wrote on X. He added that “Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”

Kelly responded forcefully, framing the probe as political intimidation.

“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,” he 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.”

The Pentagon suggested Kelly may have engaged in “actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces”. It also warned he could face recall “to active duty for court-martial proceedings or administrative measures”.

The controversy centres on a video released on November 18 featuring six former military and intelligence officials, including Kelly. In it, they state:

“Our laws are clear. You can refuse illegal orders.”

Trump has gone much further, branding the lawmakers traitors and arguing they should face the death penalty for sedition, a charge tied to speech intended to incite rebellion.

The Pentagon stressed that under the Uniform Code of Military Justice, service members are required to obey lawful orders, which are “presumed to be lawful”. It also noted that “a servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order”.

Democrats argue the video simply restates a core principle of military law: that soldiers must refuse directives that violate US law and the Constitution.