'It won't work': Mark Kelly says Pentagon probe ‘won’t intimidate me’ as he defends video

Mark Kelly defended urging troops to reject unlawful orders, saying recent attacks on him reflected political pressure, not genuine concern for military integrity
PUBLISHED NOV 25, 2025
Mark Kelly was described as eligible for recall to face potential court-martial under UCMJ rules (Getty Images)
Mark Kelly was described as eligible for recall to face potential court-martial under UCMJ rules (Getty Images)


WASHINGTON, DC: Senator Mark Kelly is under scrutiny after the Pentagon announced an investigation into his conduct, following a video in which he urged US service members to refuse “illegal orders.”

The investigation was initiated after President Trump reacted to the video, calling it “seditious behavior” and claiming it deserved the death penalty.

WASHINGTON, DC - APRIL 29: U.S. Sen. Mark Kelly (D-AZ) listens during a news conference outside the U.S. Capitol on April 29, 2021 in Washington, DC. A bipartisan group of Senators gathered in support of the Military Justice Improvement and Increasing Prevention Act, which would move the decision to prosecute a member of the military from the chain of command to independent, trained, professional military prosecutors. (Photo by Stefani Reynolds/Getty Images)
Mark Kelly listened during a news conference outside the US Capitol in Washington, DC in 2021 (Stefani Reynolds/Getty Images)

Pete Hegseth and Pentagon probe

The Department of War said it received “serious allegations of misconduct” against retired Navy Captain Kelly, triggering a review under the Uniform Code of Military Justice. Under UCMJ rules, the department noted it could recall him to active duty to face court-martial proceedings or administrative action.



Defense Secretary Pete Hegseth sharply criticized the video, calling it “despicable, reckless, and false.” He argued that by encouraging troops to ignore orders, Kelly undermined “good order and discipline” within the armed forces.

Hegseth also noted that while five of the six people in the video are not subject to the UCMJ, Kelly is, because he is retired but still eligible for military recall.



The White House expressed its support for the investigation. Press Secretary Karoline Leavitt emphasized the importance of military hierarchy, saying a functioning military cannot operate if there is “disorder and chaos within the ranks."

BRUSSELS, BELGIUM - FEBRUARY 13: U.S. Secretary of Defence Pete Hegseth holds his closing press conference at the end of defense ministers' meetings at NATO headquarters on February 13, 2025 in Brussels, Belgium. NATO Defence Ministers are convening in Brussels for a meeting chaired by NATO Secretary General Mark Rutte. Hegseth marked the first visit to NATO by a member of the new Trump administration. High on the agenda for the allies will be ascertaining how the U.S. intends to influence the trajectory of the war in Ukraine, as the conflict nears the third anniversary of Russia's full-scale invasion. (Photo by Omar Havana/Getty Images)
Pete Hegseth held a closing press conference during NATO defense ministers’ meetings in Brussels in 2025 (Omar Havana/Getty Images)

Mark Kelly fires back at 'Bullies'

Kelly responded forcefully, describing the Pentagon’s move as the work of “bullies” who care more about maintaining power than protecting the Constitution.

Showing resilience from years of service, Kelly said on the 'Rachel Maddow Show', “I’ve been stressed by things more important than Donald Trump trying to intimidate me into shutting my mouth and not doing my job.”

Emphasizing his commitment to duty, he added, “He didn’t like what I said. I’m going to show up for work every day, support the Constitution, do my job, hold this administration accountable. Hold this president accountable when he is out of line.”

In his statement, he also recalled his long record of public service. At age 22, he commissioned as an ensign in the US Navy.



Kelly said he swore an oath to the Constitution and has upheld it throughout his military and civilian career, and he refuses to step down now.

He said Hegseth’s social media post was the “first time he learned of the probe,” and that he also saw President Trump’s posts calling for his arrest, hanging, and even death.

TUCSON, AZ - NOVEMBER 03: Democratic U.S. Senate candidate Mark Kelly speaks to supporters during th
Mark Kelly spoke to supporters during an Election Night event in Tucson, Arizona in 2020 (Courtney Pedroza/Getty Images)

Defending the original video, Kelly said he and his fellow senators argued that “the threats to our Constitution aren’t just coming from abroad but from right here at home.”

He urged service members to reject orders that violate the law or the Constitution, stating, “No one has to carry out orders that violate the law or our Constitution.”

Kelly concluded that if the investigation is meant to intimidate him or other members of Congress, “it won’t work.” He said he has “given too much to this country to be silenced” by those who prioritize power over principle.

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