A public showdown between the Pentagon and U.S. Senator Mark Kelly (D-AZ) has escalated into an official review that could place the retired Navy officer back under military authority altogether.
The Department of Defense is reviewing allegations of misconduct against Kelly, a retired Navy captain and astronaut, under military law after a video he appeared in urged U.S. troops to refuse what he described as illegal orders. The FBI is slated to interview Kelly and five other congressional Democrats in relation to a video they took part in, released encouraging U.S. military members to refuse to follow illegal orders, according to NBC News.
The review could lead to his recall to active duty for court-martial or other action. Past cases show resistance to recalling retired officers for court-martial in politically sensitive situations, as such actions risk blurring civil-military boundaries and setting lasting institutional precedent.
Kelly is joined by a small number of other Democratic lawmakers who have expressed similar concerns about military orders and legalities, including Sen. Elissa Slotkin (MI) and House Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan, both of Pennsylvania.
President Donald Trump[1] last week accused Kelly and his outspoken Democratic cohorts of “seditious behavior,” calling them “traitors. “In the old days, if you said a thing like that, that was punishable by death," Trump added.
IG: No Congressional Request
The DoD Office of Inspector General confirmed to Military.com that it has not received any formal request from Congress to review or investigate Sen. Mark Kelly’s conduct in connection with the Pentagon’s ongoing review.
“The DoD OIG has not received any request from Congress related to Senator Kelly,” spokesperson Mollie F. Halpern told Military.com.
In a follow-up response, Halpern clarified that while no congressional request has been made, her office does not confirm nor deny the existence or status of any internal work, underscoring the sensitive and highly restricted nature of Inspector General operations during potential legal or administrative proceedings.
Pentagon Signals Possible Recall
Allegations of misconduct against Kelly have triggered a rare and formal Pentagon review under military law. The DoD said in posts on social media that it has received “serious allegations of misconduct” against Kelly and has opened a review under the Uniform Code of Military Justice (UCMJ). That’s according to a Department of Defense statement shared on social media.
The Pentagon warned that retired service members remain subject to the UCMJ and cited federal law allowing recall of retirees under certain conditions. Military retirees can remain subject to military law[2] even after leaving active service, meaning certain actions may still fall under the reach of the Uniform Code of Military Justice.
The Pentagon added that all service members must obey lawful orders and that “a servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Taking the Fight Online
Defense Secretary Pete Hegseth criticized Kelly after the video surfaced.
“So ‘Captain’ Kelly, not only did your sedition video intentionally undercut good order and discipline but you can’t even display your uniform correctly,” Hegseth wrote on X, adding, “When or if you are recalled to active duty, it’ll start with a uniform inspection.”
Hegseth said Kelly was the only person in the video who remains subject to military law, and accused him of bringing discredit upon the Armed Forces.
Kelly responded in a series of posts, leaning on his decades of military and government service while rejecting any claim that he violated orders or threatened good order and discipline.
He framed the Pentagon’s actions not as a legal matter but as political intimidation, pointing to his oath and warning about the danger of using military power to silence dissent.
“When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution,” Kelly wrote on social media, referencing his time in uniform and later service as a Navy test pilot and NASA astronaut.
“Trump and his Administration are targeting me because I said something they didn’t like—but I won’t be intimidated into silence. I’ve overcome challenges a lot tougher than Donald Trump or Pete Hegseth," he said.
Kelly also warned that rhetoric referencing execution, hanging and violent punishment carries real-world consequences, saying words from elected leaders could “get someone hurt.” Kelly's wife, former U.S. Rep. Gabby Giffords, suffered a severe brain injury after being shot in the head in an assassination attempt during an event in her home state of Arizona in 2012.
Kelly described such language as reckless and un-American, and reiterated that his loyalty remains to the Constitution rather any single leader or administration.
Senior military officials have previously resisted the idea of recalling retired officers[3] for court-martial in politically sensitive cases, warning that such actions risk blurring civil-military boundaries and setting a dangerous institutional precedent.
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