A Pentagon review has intensified scrutiny of Sen. Mark Kelly (D-AZ) after he appeared in a video urging troops to “refuse illegal orders,” launching a politically charged investigation now tied to a possible ‘duty recall’ under the Uniform Code of Military Justice. The Department of War confirmed it is weighing whether to call the retired Navy captain back to active duty for potential court-martial proceedings. The duty recall debate has raised unprecedented questions about the limits of political speech by retired military officers now serving in public office.
The department stated, “This matter will be handled in compliance with military law, ensuring due process and impartiality,” while noting that retirees remain subject to the UCMJ. It reminded service members that “orders are presumed to be lawful” and cited 18 U.S.C. § 2387, which forbids attempts to undermine the loyalty or discipline of U.S. forces. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order,” the statement added.
Kelly joined five House Democrats in a video declaring, “Our laws are clear. You can refuse illegal orders.” Four of the participants formerly served in the military but are not retired and therefore fall outside UCMJ jurisdiction, according to Secretary Pete Hegseth. Hegseth said the department is reviewing Kelly’s conduct because his message “was addressed directly to all troops while explicitly using his rank and service affiliation—lending the appearance of authority to his words,” adding that “Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
President Trump responded by saying the lawmakers should be arrested and tried for “seditious behavior.” Kelly rejected that view, accusing President Trump of “trying to intimidate us,” later stating, “I’m not going to be intimidated.” He added, “His words carry tremendous weight, more so than anybody else in the country… there is now increased threats against us.” Kelly further posted, “If this is meant to intimidate me… 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.”
White House press secretary Karoline Leavitt said the administration supports the investigation, stating Kelly “was actually trying to do was intimidate the 1.3 million active duty service members.”
