A sitting Democratic senator is now facing potential court-martial proceedings after releasing a video urging military personnel to refuse legal orders from President Donald Trump.
The Department of War confirmed Monday that it is reviewing allegations of misconduct against Sen. Mark Kelly of Arizona, a retired Navy captain and NASA astronaut.
The agency said it has launched a “thorough review” under the Uniform Code of Military Justice and federal law to determine whether Kelly should be recalled to active duty for court-martial or face other administrative action.
“The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.),” a statement read.
The review stems from a video released Nov. 18. Kelly, along with Sen. Elissa Slotkin and four House Democrats, directly addressed members of the armed forces and the intelligence community.
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
The group urged servicemembers to “stand up for our laws and our Constitution” and refuse to follow what they described as “illegal orders.”
The Department of War noted that military retirees remain subject to the UCMJ and federal law, including 18 U.S.C. § 2387, which prohibits efforts to undermine the loyalty or discipline of the military.
The statement made it clear that orders from the commander-in-chief are presumed lawful and that personal beliefs do not excuse disobedience.
Will Sen. Mark Kelly be court-martialed?
OFFICIAL STATEMENT:
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…
— Department of War 🇺🇸 (@DeptofWar) November 24, 2025
The department said it will make no further comments while the process continues.
Last week’s video has been almost universally defended by Democrats.
Trump and many Republicans noted they appeared to break the law.
The Department of War signaled that any violations, if confirmed, will be handled through “appropriate legal channels.”
Kelly has not yet publicly responded to the Pentagon’s Monday statement.
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