Pentagon Orders ‘Thorough Review’ Into Senator Mark Kelly After Video Urging Troops to Reject Illegal Orders

The Pentagon has launched a “thorough review” into what it calls serious allegations of misconduct against Senator Mark Kelly, a decorated former Navy captain and NASA astronaut, after he appeared in a video urging U.S. service members to refuse any unlawful orders. The probe, announced on the Department of War’s official X account, signals one of the most extraordinary confrontations between America’s military establishment and an elected lawmaker in modern political history.

Mark Kelly, still subject to the Uniform Code of Military Justice (UCMJ) despite his retirement, learned of the investigation through the Pentagon’s public post. “If this is meant to intimidate me or silence me, it won’t work,” he said in a sharp response on X.

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… pic.twitter.com/jMAlYEozQ6

— Senator Mark Kelly (@SenMarkKelly) November 24, 2025

What Sparked the Pentagon’s Probe?

Mark Kelly was one of six Democratic lawmakers—dubbed the “Seditious Six” by Defense Secretary Pete Hegseth—who released a video telling troops they are obligated to refuse illegal commands. The message came amid reports that the Trump administration had ordered the U.S. military to conduct lethal strikes on suspected drug traffickers in Latin American waters, a move critics allege violates federal and international law.

“All service members have a legal obligation to obey lawful orders, and orders are presumed lawful,” the Pentagon said, suggesting Mark Kelly’s statements could undermine military discipline.

Donald Trump escalated tensions further last week, accusing Mark Kelly and others of “seditious behavior, punishable by death,” before later walking back the statement in a Fox interview.

Could Kelly Be Recalled to Active Duty?

Reports indicate the Pentagon has threatened to recall Mark Kelly to active duty for potential prosecution—a virtually unprecedented step for a sitting U.S. senator. Legal experts say the Pentagon may face significant hurdles.

Rachel VanLandingham, a former Air Force lawyer speaking to Reuters, argues that the move would likely fail in court: “He has strong legal standing to say ‘Absolutely not.’ There is no probable cause here.”

Moreover, Pete Hegseth’s public condemnation could undermine any prosecution by constituting undue command influence, a major violation of military justice norms.

 

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A Political and Constitutional Flashpoint

The investigation comes amid sweeping purges of senior military leaders by the Trump administration, raising broader concerns about civil-military relations and the independence of the armed forces.

Mark Kelly—who flew 39 combat missions in Desert Storm and completed four NASA space shuttle flights—framed the probe as an attack on constitutional oversight.

“I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” he said.

With the Pentagon and Pete Hegseth warning that retirees remain prosecutable and Trump encouraging prosecutions of political opponents, the Mark Kelly case now sits at the center of a national debate over military loyalty, free speech, and the separation of powers.