The War Department review of Sen. Mark Kelly, D-Ariz., under the Uniform Code of Military Justice was revealed to the senator through Secretary Pete Hegseth's post on Monday.
Kelly said the X message was "the first I heard" of potential charges stemming from his statements in Democrats' video calling on military service members to refuse to obey "illegal" orders from President Donald Trump and his administration.
The "Seditious Six" video was "despicable, reckless, and false," Hegseth wrote on X.
"Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of 'good order and discipline,'" the secretary added. "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."
In a statement on X, Kelly said he "swore an oath to the Constitution" when he commissioned as an ensign in the Navy at 22 and "upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space shuttle flights at NASA, and every day since I retired — which I did after my wife Gabby was shot in the head while serving her constituents."
Kelly said that while deployed in combat, he "flew through anti-aircraft fire to drop bombs on enemy targets" and "was part of the recovery mission that brought home the bodies" of NASA "classmates who died on [Space Shuttle] Columbia."
"I did all of this in service to this country that I love and has given me so much," he said.
Kelly then said Hegseth's post was the first indication he received that he might face repercussions for his participation in the Democrats' anti-Trump video.
"I also saw the President's posts saying I should be arrested, hanged, and put to death," he said. "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 Department of War posted early Monday on X that it has "received serious allegations of misconduct" against Kelly.
"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," the post read.
Sen. Ruben Gallego, D-Ariz., posted in defense of Kelly on X Monday afternoon, "F*** you and your investigation."
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
© 2025 Newsmax. All rights reserved.