(NewsNation) — The Pentagon said Monday that it is investigating Sen. Mark Kelly, D-Ariz., for possible violations of military law.
The Pentagon’s statement follows Kelly’s appearance in a video alongside several other lawmakers, urging U.S. service members to refuse unlawful orders. The Pentagon cited a federal law that allows retired servicemembers to be recalled to active duty at the defense secretary’s direction for possible court-martial or other measures.
Kelly, a former Navy fighter pilot and astronaut, retired with the rank of Captain. It is unusual for the Pentagon to threaten a sitting member of Congress.
“Secretary Hegseth’s tweet is the first I heard of this,” Kelly posted on X. “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.”
The Pentagon said Kelly’s comments may have interfered with the “loyalty, morale, or good order and discipline of the armed forces” by citing the federal law that prohibits such actions.
“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 Pentagon said.
In the video posted last Tuesday, Kelly was one of six lawmakers who served in the military or intelligence community to speak “directly to members of the military.”
Kelly told troops, “You can refuse illegal orders,” and other lawmakers said that they needed troops to “stand up for our laws…our Constitution.”