AZ GOP Leaders: ‘Senator Mark Kelly crossed a line — and Arizona lawmakers aren’t staying quiet’

A coalition of Arizona Republican lawmakers, joined by Arizona Senate President Warren Petersen, Senate Majority Leader John Kavanagh and several current and former legislators with military backgrounds, issued a sharply worded letter on Monday accusing U.S. Senator Mark Kelly of participating in a political video that “crosses a line” by implying military personnel may need to resist future unlawful orders from President Donald Trump.

The lawmakers argue the messaging “edges disturbingly close” to conduct described under federal sedition statutes and warn it could erode discipline within the armed forces during a period of rising global instability.

In a post to X on Monday, the Arizona Senate Republicans wrote: “When the Pentagon has to investigate a sitting U.S. Senator for undermining military discipline, that tells you everything you need to know. Senator Mark Kelly crossed a line — and Arizona lawmakers aren’t staying quiet.”

When the Pentagon has to investigate a sitting U.S. Senator for undermining military discipline, that tells you everything you need to know.

Senator Mark Kelly crossed a line — and Arizona lawmakers aren’t staying quiet.

Read the letter. ⬇️https://t.co/nBUEYo9I7E pic.twitter.com/3rE6jvplja

— AZSenateRepublicans (@AZSenateGOP) November 24, 2025

The Pentagon has opened a review into whether the video, according to OPB, which features Kelly and other Democratic figures urging service members to refuse illegal orders, violated restrictions on partisan political activity by retired officers.

In the letter, authored by Sen. Kevin Payne (R-LD27), a former Navy fire controlman and chairman of the Senate Public Safety Committee, the lawmakers condemn a Democratic political video that encourages servicemembers to contemplate “unlawful orders” from the next Commander-in-Chief.

Payne writes that every servicemember already receives clear training regarding unlawful orders under the Uniform Code of Military Justice — and that raising the issue in a partisan campaign context is “fear-mongering” and “unnecessarily sowing doubt” in the chain of command.

“By leaving ‘unlawful orders’ vague and undefined, the video aims to plant suspicion before any order has even been given. The unmistakable implication is that President Donald J. Trump is preparing to issue illegal commands,” Payne argued. “That insinuation is false.”

The letter notes that undermining confidence in the chain of command is not merely rhetorical misconduct but may, depending on intent, fall under 18 U.S.C. § 2387, the federal statute criminalizing attempts to cause insubordination, disloyalty, or refusal of duty within the armed forces.

18 U.S.C. § 2387, under the chapter on “Treason, Sedition, and Subversive Activities,” provides in part:

Whoever, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States—
(1) advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or
(2) distributes or attempts to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States—
shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof for five years following conviction.

Payne argues the video’s messaging edges close to that line. Some critics have also pointed to 18 U.S.C. § 2384 (seditious conspiracy), which applies when “two or more persons… conspire to… oppose by force the authority” of the United States or hinder the execution of federal law. However, neither statute carries a death penalty, and no authority has alleged that the video involves the use of force.

The lawmakers further highlight that President Trump himself recently described such messaging as “seditious behavior, punishable by death,” underscoring how charged the debate over military obedience has become although the President’s language overstates the penalties under current federal law. 

The signatories also tie the video to broader concerns about Democratic political rhetoric, calling it “another example of how radicalized the Democratic Party has become.” They point to what they describe as the recent election of a “self-described communist” as mayor of New York City as part of the context in which Kelly’s participation is being interpreted, even as mainstream reporting has typically described the new mayor as a democratic socialist.

The lawmakers emphasize that, with global conflicts intensifying, mixed messaging to the military could “jeopardize missions, risk American lives, and compromise national security.” They argue that trust in the chain of command is “the backbone of military readiness,” not a theoretical concern.

The letter calls on Kelly to:

• publicly clarify his intent,
• retract his participation in the video, and
• reassure Americans that he does not support messaging that could erode military discipline.

Kelly and other Democrats involved in the video have defended it as a reminder that U.S. service members swear an oath to the Constitution, not to any individual president, and insisted they are duty-bound to refuse illegal orders, a principle they say applies regardless of who occupies the Oval Office.

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

As reported by The Associated Press, the Pentagon announced on Monday that Senator Kelly is now under investigation in connection with the video posted initially to X by Senator Elissa Slotkin (D-MI). In a statement, the Department of War suggested Kelly’s statements in the video may have interfered with the “loyalty, morale, or good order and discipline of the armed forces” according to the AP. “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 DOW statement said.

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

In another statement posted to X the War Department warned that Captain Kelly, using his U.S. Navy rank, could be recalled to active duty to stand trial in a court marshal or face administrative punishment as he is still subject to the Uniform Code of Military Justice (UCMJ), adding, “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. 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.”