Poli Alert Politics & Civics
Related Articles
The Pentagon said Monday it has opened a misconduct review into Democratic Sen. Mark Kelly of Arizona — a retired Navy captain and former astronaut — to determine whether he could be recalled to active duty to face potential court-martial proceedings after he and five other lawmakers urged military and intelligence personnel to refuse unlawful orders.
In a statement posted on social media, the Defense Department said it had received “serious allegations of misconduct” related to Kelly’s appearance in the video and had begun a “thorough review” that could lead to disciplinary action, including the extraordinary step of recalling a sitting U.S. senator to active duty.
Kelly and the other lawmakers — all military veterans or former national security officials — warned in the video that service members may face illegal directives in what they described as a period of constitutional strain. The group included Sen. Elissa Slotkin of Michigan and Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan of Pennsylvania.
Trump amplifies calls for punishment
President Donald Trump has spent days attacking the lawmakers, declaring on social media that they should be arrested for “seditious behavior” and reposting messages calling for them to be hanged — posts he later dismissed as rhetorical while insisting the lawmakers are in “serious trouble.”
Defense Secretary Pete Hegseth, echoing the president’s language, labeled the group the “Seditious Six” and said Kelly, as a retired Navy officer, falls under Pentagon jurisdiction. He accused Kelly of using his rank and military credentials to lend “the appearance of authority” to the video.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth wrote, calling the video “despicable, reckless, and false.”
Military law cited — and politically weaponized
In its statement, the Pentagon cited federal law prohibiting attempts to influence the loyalty, morale or discipline of U.S. military personnel — a statute that applies to retirees as well as active-duty troops. The law bars advising or encouraging disobedience, insubordination or refusal of duty.
Experts say such cases are rare and difficult to prosecute, particularly when the alleged misconduct involves political speech. The prospect of recalling an elected senator for court-martial proceedings would be legally contentious and politically explosive.
Kelly said he learned of the review only after seeing the Pentagon’s social media post.
“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 on X, calling the investigation an effort by “bullies who care more about their own power than protecting the Constitution.”
Kelly defends warning about illegal orders
Speaking Sunday on CBS’ “Face the Nation,” Kelly defended his comments as a reaffirmation of basic military law.
“All we said is we reiterated what basically is the rule of law — that members of the military should not, cannot follow illegal orders,” Kelly said. He warned that the president’s rhetoric “could have serious, serious consequences,” noting an increase in threats against the lawmakers.
A collision of politics and civil-military norms
The confrontation marks one of the most pointed clashes in years between elected officials and the Defense Department over civil-military boundaries. Pentagon reviews of retirees’ political speech are uncommon, and prosecutions are rarer still. Civil-military scholars say the administration’s willingness to publicly threaten criminal action against congressional critics reflects an erosion of long-standing norms.
Most of the lawmakers targeted by Trump are outside Pentagon jurisdiction. Kelly, as a retired Navy captain, is the sole exception — a distinction that raises the stakes and fuels concerns about selective enforcement.
As of Monday evening, the Pentagon had provided no timeline for completing its review. Kelly said he intends to keep speaking out regardless.
“I’ve given too much to this country to be silenced,” he said.
