By Bradley Devlin, The Daily Signal | November 24, 2025
The Department of War released a statement on Monday announcing it will review “serious allegations of misconduct” against Sen. Mark Kelly, D-Ariz., a retired Navy captain.
The department’s investigation into Kelly’s actions follows a video posted on X in which Kelly and five other Democrat lawmakers with previous experience in the military or intelligence agencies encouraged service members to refuse illegal orders.
“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,” the statement read.
“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 statement added.
Secretary of War Pete Hegseth weighed in on the development with a post on X. “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,'” Hegseth said. “Their foolish screed sows doubt and confusion — which only puts our warriors in danger. Five of the six individuals in that video do not fall under [DOW] jurisdiction (one is CIA and four are former military but not “retired”, so they are no longer subject to UCMJ).”
“However, Mark Kelly (retired Navy Commander) is still subject to UCMJ—and he knows that,” Hegseth continued. “As was announced, the Department is reviewing his statements and actions, which were addressed directly to all troops while explicitly using his rank and service affiliation—lending the appearance of authority to his words. Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
In the X video, Kelly, Sen. Elissa Slotkin, D-Mich., Reps. Jason Crow of Colorado, Chris Deluzio of Pennsylvania, Chrissy Houlahan of Pennsylvania, and Maggie Goodlander of New Hampshire implore those serving in the military or intelligence agencies, “Don’t give up the ship.”
“Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home,” the group of Democrats says. “Our laws are clear. You can refuse illegal orders. … You must refuse illegal orders.”
Kelly responded to the DOW review in a post of his own on X. “Secretary Hegseth’s tweet is the first I heard of this,” Kelly’s post read in part. “I also saw the President’s posts saying I should be arrested, hanged, and put to death. 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.”
“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 concluded.
In its Monday statement, however, the War Department reminded the public that federal laws “prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces,” adding, “Any violations will be addressed through appropriate legal channels.”
The War Department also addressed the Democrats’ implication that the Trump administration’s War Department was handing down illegal orders.
“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,” the statement said. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
This is a breaking news article and it may be updated.
Bradley Devlin is politics editor for The Daily Signal.
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