Trump admin investigates Sen Mark Kelly over viral video urging troops to resist 'illegal orders'
WASHINGTON, DC: The Department of War announced on Monday, November 24, that it was investigating Sen Mark Kelly, a retired Navy captain and former astronaut, over his appearance in a public service announcement reminding servicemembers not to follow illegal orders.
The Pentagon said that it had received “serious allegations of misconduct” against Kelly and cited the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 688, which allows for the recall of retired personnel for possible court-martial.
Probe into 'serious allegations of misconduct' against Mark Kelly
In its statement, the Department said, “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 measure," they added.
The statement added that the review would follow military law and “ensure due process and impartiality.”
The video made by the “Seditious Six” was despicable, reckless, and false. 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… https://t.co/UvLXChZnmF
— Pete Hegseth (@PeteHegseth) November 24, 2025
The Pentagon further emphasized that retired servicemembers remain legally accountable.
"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," the statement read.
It also reminded active-duty personnel that orders were presumed lawful.
"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," it read.
Trump calls Mark Kelly and other Democrats ‘traitors’
The PSA video, which urged troops not to act on “illegal” or unconstitutional orders, enraged President Donald Trump. On Thursday, he escalated sharply on Truth Social, calling Kelly and the other Democrats in the video “traitors” and demanding severe punishment.
Trump wrote, “It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. 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. President DJT.”
Donald J. Trump Truth Social Post 09:08 AM EST 11/20/25
— Commentary Donald J. Trump Posts From Truth Social (@TrumpDailyPosts) November 20, 2025
It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. 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…
He followed with two more posts, stating, “This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP??? President DJT.”
And finally, “SEDITIOUS BEHAVIOR, punishable by DEATH!”
The Trump administration has since claimed that the PSA encouraged troops to defy Trump’s authority though the video explicitly referred only to orders that “violate the law” or “our Constitution.”
Democrats say ‘this is about who we are as Americans’
Kelly and the other Democrats featured in the PSA, Sen Elissa Slotkin and Reps Jason Crow, Chris Deluzio, Chrissy Houlahan, and Maggie Goodlander, issued a joint response condemning the president’s rhetoric.
"What’s most telling is that the president considers it punishable by death for us to restate the law," they said.
"Our servicemembers should know that we have their backs as they fulfill their oath to the Constitution and obligation to follow only lawful orders. It is not only the right thing to do, but also our duty," they added.
The lawmakers continued, “But this isn’t about any one of us. This isn’t about politics. This is about who we are as Americans. Every American must unite and condemn the President’s calls for our murder and political violence. This is a time for moral clarity.”
Their statement ended with a message of defiance, “In these moments, fear is contagious, but so is courage. We will continue to lead and will not be intimidated. Don’t Give Up the Ship!”
