The Pentagon announced Monday it has opened an investigation into Arizona Sen. Mark Kelly, a retired U.S. Navy captain and former NASA astronaut, after he appeared in a video urging active-duty military and intelligence personnel to refuse ‘illegal orders.’
In a statement posted on X, the Defense Department said it had “received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)” and that a thorough review has begun. The review could lead to recalling Kelly to active duty for court-martial proceedings or to administrative actions, the statement said, adding that the matter will be handled in accordance with military law, with due process and limited public comment to preserve the integrity of any proceedings.
The video, posted last week on X, featured Kelly alongside five other Democrats with prior military or intelligence service. They said the current administration was setting uniformed military and intelligence personnel against fellow Americans and reminded viewers that service members had sworn to protect the Constitution. The clip included the line, ‘You can refuse illegal orders.’
Participants included Sen. Elissa Slotkin, former CIA analyst; Rep. Jason Crow of Colorado, a former Army Ranger who served in Iraq; Pennsylvania Reps. Chris Deluzio, a former Navy officer, and Chrissy Houlahan, a former Air Force officer; and Rep. Maggie Goodlander of New Hampshire, a former Navy intelligence officer.
The investigation comes as the Trump administration faces legal scrutiny over its domestic use of National Guard forces and recent deadly airstrikes on vessels suspected of drug smuggling in the Caribbean.
President Trump reacted on Truth Social, calling the lawmakers’ remarks “seditious behavior” and saying they were “punishable by death.” He later said he was not threatening death but reiterated in another post that the comments amounted to sedition. White House press secretary Karoline Leavitt said Thursday that encouraging service members to defy lawful orders is dangerous and that the lawmakers should be held accountable, adding that this is what the president wants to see.
House Speaker Mike Johnson criticized the remarks as well, calling them beyond the pale. Kelly, speaking on CBS’ Face The Nation, said Republicans in Congress have largely remained silent after the president’s comments about punishing the lawmakers.
Kelly told NPR that he first learned of the Pentagon action from a post on X by Secretary of Defense Pete Hegseth. In an emailed statement to NPR, Kelly said he had also seen the president’s posts calling for him to be arrested, hanged, or put to death and said any attempt to intimidate members of Congress from holding the administration accountable would not succeed.
Because Kelly is retired, he could be recalled to active duty and, in theory, face court-martial; however, such recalls are rare. Military legal experts told NPR the situation is unusual. Kevin Carroll, a retired colonel and military lawyer who served in the Trump administration, noted a historical parallel in the 1925 court-martial of Army Col. Billy Mitchell for insubordination, but Mitchell was on active duty at the time of his case.
Mick Wagoner, a retired Marine Corps lieutenant colonel and long-serving military lawyer, said recalling a retired officer for disciplinary action is “very rare” and politically sensitive. He added that such measures typically relate to conduct that occurred while the person was on active duty and that constitutional protections for speech made in official duties could complicate any move forward.
Kelly is married to former Arizona Rep. Gabby Giffords, who survived an assassination attempt in 2011. As a naval aviator he flew combat missions in Iraq, later joined NASA and flew four space shuttle missions—two as pilot and two as commander. His twin brother is former astronaut Scott Kelly.
NPR correspondents Tom Bowman and Quil Lawrence contributed to this report.