On November 24, 2025, the Department of Defense (DOD) announced a formal investigation into Democratic Senator Mark Kelly of Arizona, stemming from a video in which he, alongside other lawmakers, encouraged military personnel to defy what they described as 'illegal orders.' This investigation follows remarks from President Donald Trump, who accused Kelly and other Democratic lawmakers of engaging in 'seditious behavior.'

Senator Kelly, a retired Navy captain, faces serious allegations of misconduct that could lead to court-martial proceedings or other administrative actions under the Uniform Code of Military Justice (UCMJ). The DOD emphasized that military retirees remain subject to the UCMJ and reiterated that all service members are legally obligated to obey lawful orders, which are presumed to be lawful unless proven otherwise.

In the video, Kelly stated, 'you can refuse illegal orders,' prompting discussions about the balance between military obedience and the moral responsibility of service members to resist unlawful commands. This incident underscores ongoing debates regarding military authority and the ethical obligations of elected officials in addressing legality and morality within the armed forces.

Defense Secretary Pete Hegseth condemned the video as 'despicable, reckless and false,' while Senator Ruben Gallego expressed strong support for Kelly, criticizing the investigation as an attempt to intimidate lawmakers. Kelly himself characterized the inquiry as a tactic to silence him and others from fulfilling their constitutional responsibilities, asserting that he has dedicated significant service to the country and will not be intimidated by those prioritizing power over constitutional loyalty.

The potential consequences of this investigation could lead to a constitutional debate over whether political speech can be subject to military law, particularly for a retired officer. Historically, there has been no precedent for a sitting U.S. senator or representative being recalled to active duty for disciplinary reasons, making this situation particularly noteworthy as it develops.