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Pentagon Opens Review Into Sen. Mark Kelly Over Video Urging Troops to Refuse Illegal Orders

Kelly is the only participant subject to the UCMJ due to his retired Navy status.

Overview

  • The Defense Department said it received serious misconduct allegations against Kelly and is weighing recall to active duty for possible court‑martial or administrative action under the UCMJ and 18 U.S.C. § 2387.
  • Defense Secretary Pete Hegseth said Kelly was singled out because retirees remain under military jurisdiction and because he invoked his rank and service affiliation in the message to troops.
  • President Donald Trump labeled the video seditious and initially referenced punishment by death, and lawmakers reported threats and a bomb threat to a district office after his posts.
  • Kelly said he learned of the probe from Hegseth’s social media post, called the investigation an attempt at intimidation, and pledged to continue his oversight duties.
  • Pentagon statements stressed that orders are presumed lawful and disobedience is not excused by personal beliefs, while reporters noted it is unusually public for the department to investigate a sitting senator and no charges have been announced.