Mark Kelly Faces New Pentagon Probe After Trump's &#...

By Dan Gooding and Gabe WhisnantShareNewsweek is a Trust Project member

The Pentagon says it is reviewing whether Sen. Mark Kelly, an Arizona Democrat and retired Navy captain, may have violated military law after he appeared in a video with several other lawmakers urging U.S. service members to reject unlawful orders.

The announcement, posted Monday on the department’s social media accounts, referenced a federal statute that allows retired military personnel to be recalled to active duty by the defense secretary for potential court-martial or other administrative action.

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Kelly, a former Navy fighter pilot who later became a NASA astronaut, retired at the rank of captain. It is highly unusual for the Pentagon—long known for publicly avoiding partisan disputes before the second Trump administration—to signal possible legal action toward a sitting member of Congress.

In its statement, the department suggested Kelly’s remarks could have affected the “loyalty, morale, or good order and discipline of the armed forces,” citing a federal law that prohibits efforts to undermine those standards. “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,” the statement said.

Kelly was one of six former military or intelligence officials in the video released last Tuesday, speaking “directly to members of the military.” In his comments, Kelly told troops that “you can refuse illegal orders,” while others in the group urged service members to uphold the law and the Constitution.

The Defense Department, which has rebranded itself as the Department of War, wrote on X, "The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, 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. 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 of War 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. 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. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order."

This is a breaking news story. Updates to follow.

This article includes reporting by the Associated Press.

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