Senator Mark Kelly Faces Court-Marshall After Department of War Launches Review of ‘Serious Allegations of Misconduct’

On Monday, the Department of War, led by Secretary Pete Hegseth, announced it is reviewing “serious allegations of misconduct” against Senator Mark Kelly (D-AZ) that may result in court-martial proceedings after he and five other Democratic lawmakers urged the military to defy President Donald Trump’s orders as Commander in Chief of the military and the orders of their Commanders.

Joining Senator Kelly in the viral video were Democratic Reps. Maggie Goodlander (NH), Jason Crow (CO), Chris Deluzio (PA), Chrissy Houlahan (PA) and Democratic Senator Elissa Slotkin (MI). “You can refuse illegal orders,” or “You must refuse illegal orders,” they said, adding, “Don’t give up the ship.”

BREAKING: Elected Democrats just released a video encouraging members of the military to commit treason and DEFY orders from Trump and Hegseth pic.twitter.com/Sm4calnccR

— Libs of TikTok (@libsoftiktok) November 18, 2025

In a social media post, the Department of War announced:

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. 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 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.

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

Secretary Hegseth followed:

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 danger.

Five of the six individuals in that video do not fall under @DeptofWar 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.

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.

After the video was released, President Trump accused the six lawmakers of sedition and noted that sedition is punishable by death. “SEDITIOUS BEHAVIOR, punishable by DEATH!” Trump said on Truth Social. Over the weekend, President Trump amplified a post calling for the “pompous traitorous communist” to be impeached and prosecuted.

Trump is not letting go of Mark Kelly and Elissa Slotkin’s act of sedition — and rightfully so.

They crossed a line that should never be crossed, and now, history will remember how the government handled it. pic.twitter.com/fxqqn0QuZo

— johnny maga (@_johnnymaga) November 23, 2025

When pressed by the media, the “Seditious Six” could not provide specifics related to their claims that President Trump has violated the constitution as Commander in Chief. On Face The Nation, Senator Kelly said he will “not be intimated” by President Trump and doubled down on his calls for the military to defy orders, expressing his concern over U.S. military actions taken against Venezuelan boats trafficking narcotics.