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The United States Department of Defense has launched an investigation into Senator Mark Kelly over a video in which he and other Democrats urged soldiers to defy “illegal orders”.
The video was released last week. It features six Democratic lawmakers who previously held positions in the military and intelligence services: Kelly, Representatives Chris Deluzio and Chrissy Houlahan of Pennsylvania, Representative Maggie Goodlander of New Hampshire, Representative Jason Crow of Colorado and Senator Elissa Slotkin of Michigan.
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Slotkin wrote on X in a post accompanying the video that they wanted to “speak directly to members of the military and the intelligence community”.
“The American people need you to stand up for our laws and our Constitution. Don’t give up the ship,” Slotkin wrote.
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
In the video, the lawmakers said the trust that citizens have in the US military and intelligence agencies was “at risk”.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the lawmakers said.
“Like us, you all swore an oath to protect and defend this constitution. Right now, the threats to our constitution aren’t just coming from abroad but right here at home,” the video added.
“Our laws are clear: You can refuse illegal orders.”
In response to the video, the Pentagon has announced an investigation into alleged breaches of military law by Kelly, a former navy captain, which is an unusual step against retired military personnel.
According to the US Manual for Courts-Martial, which outlines conduct in the military: “An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate.”
However, that inference does not apply if an order is contrary to the constitution or US law, is given by an officer without the authority to issue it or is “patently illegal”, such as ordering the commission of a crime.
Here’s everything we know:
Former Congresswoman Gabby Giffords and her husband, US Senator Mark Kelly [File: AFP]Who is Mark Kelly?
The Arizona senator is a former senior navy officer and pilot who flew combat missions in the first Gulf War.
In 2001, Kelly became an astronaut and flew four space shuttle missions over a decade, two of which were as commander.
In 2011, Kelly retired as a captain, a rank just below rear admiral.
In his first Senate campaign in 2020, Kelly finished the term of Republican Senator John McCain, who died in office. Two years later, Kelly was re-elected to a full term. In the Senate, he has focused on national security and the military.
Is Kelly right about ‘illegal orders’?
According to Bruce Fein, a lawyer specialising in constitutional and international law and who served as Associate Deputy Attorney General at the Department of Justice under former President Ronald Reagan, Kelly was “simply echoing the law”.
“[For example] a member of the United States Armed Forces is required to disobey a clearly illegal order of a superior. There is no ‘following orders’ defence,” Fein told Al Jazeera.
“Lt William Calley was convicted of war crimes for the [1968] My Lai Massacre against civilians in Vietnam. His ‘following orders’ defence was rejected,” he added.
What is the Pentagon investigation about, then?
In a statement posted on X on Monday, the Pentagon said it had received “serious allegations of misconduct” against Kelly, suggesting that the video had interfered with the “loyalty, morale, or good order and discipline of the armed forces”.
“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. This matter will be handled in compliance with military law, ensuring due process and impartiality,” the statement read.
“All service members are reminded that they have a legal obligation under the UCMJ [Uniform Code of Military Justice] to obey lawful orders and that orders are presumed to be lawful. A service member’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order,” it added.
On the same day, Defense Secretary Pete Hegseth wrote on X that the “seditious six” lawmakers in the video were “despicable, reckless, and false”.
“Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion – which only puts our warriors in danger,” Hegseth said, adding that only Kelly falls under the Department of Defense’s jurisdiction.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth said.
While all six lawmakers served in the military or intelligence agencies, Kelly is the only person to have formally retired from the military, meaning he can still be recalled for active duty or face a court martial for misconduct.
What has Kelly said about the action against him?
In a post on X on Monday, Kelly wrote that he had “sworn an oath to the Constitution in 1986”.
“I’ve upheld it through 25 years of service and every day since I retired. If [President Donald] Trump’s trying to intimidate me, it won’t work. I’ve given too much to our country to be silenced by bullies who care more about power than the Constitution,” he said.
In a post last week, Kelly wrote he “had a missile blow up next to my airplane, been shot at dozens of times by anti-aircraft fire, and launched into orbit – all for my country”.
“I never thought I’d see a President call for my execution. Trump doesn’t understand the Constitution, and we’re all less safe for it,” he said.
What has Trump said?
In a post on his Truth Social platform last week, the president wrote that the video was “really bad, and Dangerous to our Country”.
“SEDITIOUS BEHAVIOR FROM TRAITORS!!!” he said. In a separate post, Trump added that it was “SEDITIOUS BEHAVIOR, punishable by DEATH”.
But a day after his comments, Trump told Fox News that he wasn’t threatening death but the Democrats were in “serious trouble”.
When asked how far the Trump administration could realistically take its action against Kelly, Fein said it could “harass Kelly with a spurious investigation or charges”.
Why is the Trump administration focusing on this?
The fury over the video comes at a time when the US military is conducting strikes on vessels that the Trump administration has alleged are carrying drugs.
The strikes have killed at least 83 people in the Pacific Ocean and Caribbean Sea.
At the end of October, Democrats on the Senate Judiciary Committee called on the Department of Justice (DOJ) to hand over all legal opinions on the legality of the military’s strikes.
“Summarily killing criminal suspects is prohibited under domestic and international law in both peacetime and wartime,” they wrote in a letter to Attorney General Pam Bondi that the Reuters news agency saw.
But two weeks ago, a memo from the DOJ stated that service members could not be prosecuted for the killings.
“The strikes were ordered consistent with the laws of armed conflict, and as such are lawful orders. Military personnel are legally obligated to follow lawful orders and, as such, are not subject to prosecution for following lawful orders,” The Hill, a US political website, reported, citing a statement from a DOJ spokesperson.
