The Pentagon launched a probe Monday into “serious allegations of misconduct” against Sen. Mark Kelly that could result in court-martial proceedings, just days after President Trump accused the Democrat of seditious behavior.
Secretary of War Pete Hegseth indicated that the investigation follows a recent video Kelly (D-Ariz.) and five other veteran Democrats cut, imploring service members to “refuse illegal orders.” The video had drawn Trump’s wrath and accusations of treason.
“The video made by the ‘Seditious Six’ was despicable, reckless, and false,” Hegseth posted on X. “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.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth added.
Hegseth explained that five of the six veteran Democrats in the video don’t fall under the Department of War’s jurisdiction, including Sen. Elissa Slotkin (D-Mich.), who was in the CIA, and the other four, who were in the military but not retired, unlike Kelly.
Kelly claimed that Hegseth’s post on social media was the first time he learned of the investigation.
“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,” Kelly fired back in a statement.
“I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Kelly, a retired Navy captain and NASA astronaut, also posted a picture of himself in uniform. “I swore an oath to the Constitution in 1986. I’ve upheld it through 25 years of service and every day since I retired.”
Last week, the six veteran Democratic lawmakers cut the controversial video to service members, warning them about the importance of adhering to the Constitution and rejecting “illegal orders.” Participants in the video included Sens. Kelly and Slotkin, as well as Reps. Jason Crow (D-Col.), Maggie Goodlander (D-NH), Chris Deluzio (D-Pa.) and Chrissy Houlahan (D-Pa.)
None of them detailed in the video any specific illegal orders that service members should reject.
Over the weekend, Slotkin admitted to “my knowledge, I am not aware of things that are illegal,” when pressed by ABC’s “This Week” about directives Trump gave to the military that broke the law.
Kelly claimed he and his colleagues made the video due to concerns about Trump floating the possibility of issuing illegal orders to the military and denied it was motivated by the administration’s attacks on alleged drug boats in the Caribbean during an interview on CBS News’ “Face the Nation.”
“When he was running for president, the first time he talked about he wanted the military … killing the families of terrorists. And when he was told that that was illegal, this was on a debate stage, he basically said that the military will not refuse to follow my orders,” he added. “Shooting protesters in the legs is something he brought up in his first administration.”
Former Defense Secretary Mark Esper has claimed that Trump asked about shooting protesters in the legs during the mass demonstrations and riots that engulfed the country in the wake of George Floyd’s death in 2020.
The clip from the six Democratic veterans drew immediate backlash from Republicans, especially Trump.
“It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL,” Trump fumed on Truth Social last week.
“Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand – We won’t have a Country anymore!!! An example MUST BE SET.”
At one point, the president reposted “Hang them George Washington would.”
Multiple prominent veterans denounced the six Democrats for suggesting military service members should disobey their orders.
“I find it reprehensible, completely reprehensible,” David Urban, an Army veteran who worked on Trump’s 2016 campaign, told The Post. “It’s morally wrong. What they’re trying to do is … make the US military pawns in their twisted political game — suggesting that somehow Donald Trump is doing something wrong.”
“The President has done nothing even remotely questionable here.”
Urban stressed that under the Uniform Code of Military Justice, “you don’t have to follow illegal orders” such as directives to commit massacres or deliberately kill civilians. But he contended that the six Democrats were setting the stage for service members to disobey orders related to policy decisions they don’t like.
“I may not like the fact that we are using the military to do law enforcement operations in the cities. That’s not illegal, right? The President has the authority to do it, so that’s what they’re trying to do. They’re trying to sow dissent, whether there is none,” he said.
The Department of War cited the Uniform Code of Military Justice when launching the probe.
“This matter will be handled in compliance with military law, ensuring due process and impartiality,” the Department of War said in a statement.
“A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
About a dozen veteran Republican lawmakers cut a video to rebuke those six Democrats and underscore the importance of following the chain of command in the military.
“Troops, listen up. Any service member who refuses a lawful order is subject to court-martial for violating the Uniform Code of Military Justice,” Rep. Jack Bergman (R-Mich.), a retired three-star Lt. General in the Marines, said.
Rep. August Pfluger (R-Texas), a fighter pilot of 20 years in the Air Force, said the Democrats’ “brazen” video was “deeply disappointing, especially from veterans who should be the adults bringing our country together.”
“I’ve studied lawful orders my entire career, and what the Democrat lawmakers in that video are suggesting is an anarchic policy that deconstructs the rule of law,” Pfluger told the Post.
“I want them to be specific about what illegal orders they’re pointing to, because the authority President Trump has used has been lawful,” he added.
Democratic leadership hit back at Trump, with both House Minority Leader Hakeem Jeffries (D-NY) and Senate Minority Leader Chuck Schumer (D-NY) calling for beefed-up security for those six Democratic lawmakers in response to him underscoring that the penalty for sedition is death.
Over the weekend, Trump toned down his rhetoric towards the six Democrats ever so slightly and suggested they should be jailed.
All six have stood by the video.
