Department of War says Kelly faces possible court-martial

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(The Center Square) – It appears the Pentagon may recall Sen. Mark Kelly, D-Arizona, into active duty for a possible court-martial after the retired Navy combat pilot told military service members to "refuse illegal orders" in a social media video.

None of the other former military service members in a social media post are facing a possible court-martial, according to Secretary of War Pete Hegseth. He said Kelly, as the only one who retired from the military, is the only person subject to the Uniform Code of Military Justice.

The video, which features Kelly and other Democratic members of Congress, is called “Don’t Give Up The Ship.” In it, Kelly, who flew combat missions during Operation Desert Storm and received multiple medals, and other Democratic members of Congress are all reading from the same script. Each participant is seen using different lines from the message. Collectively, the lawmakers are advising military service members to “refuse illegal orders.”

Besides Kelly, the video features U.S. Sen. Elissa Slotkin, D-Michigan, and U.S. Reps. Chris Deluzio, D-Pennsylvania; Maggie Goodlander, D-New Hampshire; Chrissy Houlahan, D-Pennsylvania, and Jason Crow, D-Colorado. All except Slotkin are former members of the military. Slotkin is a former CIA officer.

During the video, Kelly said he wanted to “speak directly to members of the military,” adding the Trump administration is “pitting” uniformed military and intelligence community professionals against American citizens.

“Like us, you swore an oath,” the former astronaut said. “Our laws are clear. You can refuse illegal orders.”

Kelly said in the video that he understands “it is a difficult time to be a public servant," but added, “Your vigilance is critical.”

On Monday, the Department of War reacted to the video with an official statement on X. The department said it has received serious allegations of misconduct against Kelly in accordance with the Uniform Code of Military Justice and other applicable regulations.

“A thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures,” said the Department of War. “This matter will be handled in compliance with military law, ensuring due process and impartiality.”

Further official comments will be limited to "preserve the integrity of the proceedings," the department said.

The Center Square reached out to the Pentagon Tuesday for additional comments and was told the Department of War has “nothing to provide.”

In its statement on X, the department said it “reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”

Any violations will be addressed through appropriate legal channels, according to the department.

“All service members are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful,” said the Department of War. “A service member's personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”

Hegseth issued a message of his own on X. Hegseth referred to the members of Congress in the video as the “Seditious Six” and called their actions “despicable, reckless, and false.”

Hegseth added their calls to refuse illegal orders undermine every aspect of “good order and discipline.” Hegseth, who served in the Army National Guard prior to becoming a television news personality, added the lawmakers' “foolish screed sows doubt and confusion, which only puts our warriors in danger.”

“Five of the six individuals in that video do not fall under jurisdiction (one is CIA and four are former military but not 'retired, so they are no longer subject to UCMJ),” said Hegseth. “However, Mark Kelly (retired Navy Commander) is still subject to UCMJ — and he knows that.”

Kelly’s office did not respond to The Center Square’s request for comment. However, Kelly on Monday issued a statement that touts a lengthy military career and public service for “this country that I love and has given me so much.”

According to Kelly, Hegseth’s post was the first time he heard of a possible court-martial.

“I also saw the president’s posts saying I should be arrested, hanged, and put to death,” said Kelly.

He was referring to Trump's Truth Social posts including one in which the president wrote, "Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL," and another in which the president said, "SEDITIOUS BEHAVIOR, punishable by DEATH!" 

Kelly did not appear to be backing down.

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

Trump and Hegseth are not the only ones upset over the video. More than a dozen current and former legislators from Arizona, all of whom are Republicans, complained about the video in a letter to Kelly a letter.

“The decision to use military service members as political props in a video implying that the Commander-in-Chief may issue illegal orders crosses a line that should have never been approached,” wrote the legislators. “Your participation in this effort has understandably alarmed veterans, military families, and elected leaders who value the integrity and stability of our armed forces.”

While the legislators acknowledge that "service members are duty-bound to refuse a truly unlawful order,” something they say service members know from their first day of training, the lawmakers point out that this does not require a “partisan campaign video” or “fear-mongering” or “political operatives implying that the Commander-in-Chief is poised to commit crimes.”

The legislators added that by leaving “unlawful orders” vague and unrefined, the video aims to plant suspicion before such an order is actually given.

“The unmistakable implication is that President Donald J. Trump is preparing to issue illegal commands,” wrote the legislators. “That insinuation is false. Worse, it encourages doubt in the chain of command itself – a foundational threat to military discipline and national readiness.”

Arizona state Sen. Kevin Payne is one of the signers.

“I’m a veteran, and I didn’t appreciate it,” Payne, who served in the Navy, told The Center Square. “I think that was uncalled for.”

Payne said he was enraged when he saw the video. “He’s trying to get military service members to disobey and not follow orders."

Arizona state Rep. Nick Kupper also signed the letter. Kupper told The Center Square that he felt it was his duty to add his name.

“As a fellow vet and politician, I would like to see Sen. Kelly own up to his failure in this instance and take accountability,” said Kupper, retired Air Force master sergeant. “Taking accountability is far too rare these days especially amongst us politicians. He had a great service record, but sadly, he’s tarnishing it now.”

Kupper called Kelly' statement a political dodge that in no way acknowledges his clear intent in the video.

“Especially if you focus on the words he said in the video in context with the words others said before and after his, the message from him is clear: He wants current military members to question their military leaders especially the CINC [commander-in-chief], and he is leading them to believe that illegal orders have been issued already,” said Kupper. “He knows this was over the line, but has yet to show enough courage to admit fault.”