The Department of War (DOW) has launched an investigation into Sen. Mark Kelly (D-AZ) that may lead to court-martial proceedings after “serious allegations of misconduct” were made against him.
Kelly, a retired U.S. Navy captain, has been facing accusations of “sedition” from President Donald Trump after participating in a video with other Democrats last week calling on military servicemembers and intelligence officials to “refuse illegal orders” from the administration.
In a statement posted to social media Monday, the DOW announced that it is aware of the severe accusations and has initiated a “thorough review” to determine further actions, which “may include recall to active duty for court-martial proceedings or administrative measures.”
“This matter will be handled in compliance with military law, ensuring due process and impartiality,” the department stated. “Further official comments will be limited, to preserve the integrity of the proceedings.”
The DOW also added a reminder to all military retirees that they remain subject to the Uniform Code of Military Justice (UCMJ) for “applicable offenses,” as well as to federal laws that prohibit actions that “interfere with, impair, or influence the loyalty, morale, or good order and discipline of the armed forces.”
“All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful,” the department stated. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
The controversial video also featured statements from Sen. Elissa Slotkin (D-MI) and Reps. Chris Deluzio (D-PA), Chrissy Houlahan (D-PA), Maggie Goodlander (D-NH), and Jason Crow (D-CO).
While the Democrat lawmakers did not give any examples of orders from the Trump administration that are “illegal,” they claimed that “the threats coming to our Constitution aren’t just coming from abroad but from right here at home.”
Trump responded to the video on Truth Social, writing, “THE TRAITORS THAT TOLD THE MILITARY TO DISOBEY MY ORDERS SHOULD BE IN JAIL RIGHT NOW, NOT ROAMING THE FAKE NEWS NETWORKS TRYING TO EXPLAIN THAT WHAT THEY SAID WAS OK. IT WASN’T, AND NEVER WILL BE! IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME. THERE CAN BE NO OTHER INTERPRETATION OF WHAT THEY SAID!”
War Secretary Pete Hegseth made his own statement following his department’s, calling the lawmakers the “Seditious Six” while arguing that the video was “despicable, reckless, and false.”
“Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline,’” Hegseth wrote. “Their foolish screed sows doubt and confusion — which only puts our warriors in danger.”
He went on to explain that Kelly is the only one in the video who falls under UCMJ jurisdiction, as Slotkin is former CIA and the other four are “former military but not ‘retired.’”
“As was announced, the Department is reviewing his [Kelly’s] 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 stated. “Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
Kelly responded to the DOW’s announcement in a statement posted to 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 shuttle flights at NASA, and every day since I retired – which I did after my wife Gabby was shot in the head while serving her constituents.
In combat, I had a missile blow up next to my jet and flew through anti-aircraft fire to drop bombs on enemy targets. 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 on Columbia. I did all of this in service to this country that I love and has given me so much.
Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death.
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. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.
Sen. Ruben Gallego (D-AZ) leaped to his fellow Arizona senator’s defense, writing plainly, “Fuck you and your investigation.”
Olivia Rondeau is a politics reporter for Breitbart News based in Washington, DC. Find her on X/Twitter and Instagram.
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