The Department of War on Monday released clear indication that it's looking at potential legal action against Sen. Mark Kelly, D-Ariz.
"OFFICIAL STATEMENT: The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)," it posted to X.
Kelly is a retired Navy combat pilot and former NASA astronaut who has come under fire for participating in a partisan video production calling on military service members to refuse to obey "illegal" orders from the Trump administration.
The War Department post read, "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."
War Secretary Pete Hegseth posted that those involved in the video are now known as the "Seditious Six."
He wrote, "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."
The department statement indicated, "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 announcement also included a warning to all retired military service personnel: "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."
The cautionary comments also extend to active-duty personnel.
"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."
Sen. Elissa Slotkin, D-Mich., posted the video to social media last week, urging members of the U.S. military and intelligence community to "stand up" to the Trump administration and reject what she and other Democrat lawmakers called "illegal orders."
The video — titled "Don't Give Up the Ship" — features six Democrats who served in the military or intelligence services.
Kelly accused the Trump administration of "pitting our uniformed military and intelligence community professionals against American citizens."
President Donald Trump immediately lashed out and challenged the attempt to sway military personnel to refuse to obey orders. He intensified his comments over the weekend.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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