The Pentagon has opened an investigation into Arizona Senator Mark Kelly over a video in which he urged U.S. troops to refuse illegal orders. This marks a rare move against a sitting member of Congress and has sparked a political debate.
Kelly, a retired Navy captain and former astronaut, appeared in the video last Tuesday with five other lawmakers who have military or intelligence backgrounds. In the footage, Kelly told service members, “You can refuse illegal orders.” Other participants called for troops to “stand up for our laws … our constitution.”
The Pentagon’s statement on Monday cited a federal law allowing retired service members to be recalled to active duty for court-martial or other disciplinary measures. It said the video may have interfered with “loyalty, morale, or good order and discipline of the armed forces.” The statement warned that further actions could include recalling Kelly to active duty.
Kelly responded, saying he learned about the investigation when the Pentagon posted it on social media. He called the move an attempt to intimidate lawmakers and said it would not stop him from holding the administration accountable. He highlighted his military service, including combat missions as a Navy fighter pilot, and his time as a NASA astronaut.
“I had a missile blow up next to my jet and flew through anti-aircraft fire to drop bombs on enemy targets,” Kelly said. “At NASA, I launched on a rocket, commanded the space shuttle, and was part of the recovery mission that brought home the bodies of my astronaut classmates who died” in the 2003 Columbia shuttle disaster.
Trump allies, including former President Donald Trump and Defense Secretary Pete Hegseth, condemned the video. Hegseth called it “despicable, reckless and false,” saying it undermined the military’s discipline. Trump accused Kelly and the other lawmakers of “SEDITIOUS BEHAVIOR, punishable by DEATH” on his social media platform, Truth Social, and reposted comments calling for extreme punishment.
The Uniform Code of Military Justice does allow service members to refuse “patently illegal orders,” such as those directing a crime. Still, Trump’s statements raised concerns about the safety of Kelly and his family, especially given his wife Gabrielle Giffords’ history surviving an assassination attempt while in Congress.
Several Democratic lawmakers have defended Kelly. Senator Ruben Gallego of Arizona condemned the Pentagon investigation on social media. California Senator Adam Schiff praised Kelly for always putting the Constitution and country first. Senate Minority Leader Chuck Schumer called the Pentagon action “an attempt to use the military as a personal attack tool.”
Other Democratic senators, including Patty Murray and Chris Murphy, also expressed strong support for Kelly, emphasizing his service and commitment to American values.
Kelly’s case highlights tensions between military law, congressional speech, and political pressure. The Pentagon’s direct action against a sitting senator is unprecedented, especially since the U.S. military traditionally aims to remain apolitical. Analysts say the incident reflects growing polarization and the challenges of maintaining military neutrality amid partisan conflicts.
The Pentagon has not specified a timeline for the investigation. Kelly’s supporters warn that the probe could have chilling effects on other veterans serving in Congress or advocating for legal accountability.
The controversy comes amid heightened political tensions, with recent cases of political violence and inflammatory rhetoric raising concerns across the country. Kelly has repeatedly emphasized that his call for troops to refuse unlawful orders aligns with constitutional duties, not partisan goals.
The Pentagon investigation and the public reaction from lawmakers have made Senator Kelly a focal point in the debate over military discipline, legal authority, and free speech for elected officials. The case is likely to draw national attention in the coming weeks.