Arizona Democratic Sen. Mark Kelly speaks with reporters in the Mansfield Room of the U.S. Capitol building in Washington, D.C., on Monday, Dec. 1, 2025. (Photo by Jennifer Shutt/States Newsroom)

WASHINGTON — The Defense Department will attempt to downgrade Arizona Democratic Sen. Mark Kelly’s retirement rank and pay, seeking to punish him for making a video along with other Democrats in Congress, who told members of the military they didn’t need to follow illegal orders. 

Defense Secretary Pete Hegseth originally threatened to recall Kelly from military retirement and court-martial him for his participation in the video, but announced Monday that the department would instead try to downgrade his rank of captain as well as his retirement pay. 

“Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response,” Hegseth wrote in a social media post. “The retirement grade determination process directed by Secretary Hegseth will be completed within forty five days.”

Hegseth added that Kelly’s “status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.”

Kelly wrote in a social media post that he planned to challenge Hegseth’s attempt to alter his retirement rank and pay, arguing it’s an attempt to punish him for challenging the Trump administration. 

“My rank and retirement are things that I earned through my service and sacrifice for this country. I got shot at. I missed holidays and birthdays. I commanded a space shuttle mission while my wife Gabby recovered from a gunshot wound to the head– all while proudly wearing the American flag on my shoulder,” Kelly wrote. “Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve.”

Kelly added that Hegseth’s goal with the process is to “send the message to every single retired servicemember that if they say something he or Donald Trump doesn’t like, they will come after them the same way. It’s outrageous and it is wrong. There is nothing more un-American than that.”

Constitutional protection

Members of Congress are generally protected under the speech and debate clause of the U.S. Constitution, which states that unless a lawmaker is involved in treason, felony and breach of the peace, they are “privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”

The Defense Department letter of censure to Kelly alleged that his participation in the video undermined the military chain of command, counseled disobedience, created confusion about duty, brought discredit upon the Armed Forces and included conduct unbecoming of an officer. 

Hegseth wrote in that letter that if Kelly continues “to engage in conduct prejudicial to good order and discipline, you may subject yourself to criminal prosecution or further administrative action.”

Allegations of misconduct

The Department of Defense posted in late November that officials were looking into “serious allegations of misconduct” against Kelly for appearing in the video. 

It didn’t detail how Kelly might have violated the Uniform Code of Military Justice but stated that “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.” 

Hegseth referred the issue to Navy Secretary John Phelan for any “review, consideration, and disposition” he deemed appropriate. Hegseth then asked for a briefing on the outcome of the review “by no later than December 10.”

Kelly said during a press conference in early December the military’s investigation and a separate one by the FBI were designed to intimidate the six lawmakers in the video from speaking out against Trump. 

The lawmakers in the video, who have backgrounds in the military or intelligence agencies, told members of those communities they “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

The other Democrats in the video — Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander — are not subject to the military justice system. 

Trump railed against the video a couple of days after it posted, saying the statements represented “SEDITIOUS BEHAVIOR, punishable by DEATH!”

U.S. Sen. Mark Kelly, a retired U.S. Navy captain, speaks to veterans at a town hall in Raleigh, North Carolina, on Aug. 31, 2025. (Photo by Brandon Kingdollar/NC Newsline)

WASHINGTON — The Defense Department says it has upgraded its investigation into Arizona Democratic Sen. Mark Kelly over a video where he and other members of Congress told members of the military they didn’t need to follow illegal orders. 

“The Office of the Secretary of War, in conjunction with the Department of War’s Office of the General Counsel, is escalating the preliminary review of Captain Mark Kelly, USN (Ret.), to an official Command Investigation,” a spokesperson for the department wrote in an email Monday night. 

“Retired Captain Kelly is currently under investigation for serious allegations of misconduct,” the spokesperson continued. “Further official comments will be limited to preserve the integrity of the proceedings.”

Paul J. Fishman, an attorney at the Arnold & Porter law firm who is representing Kelly, wrote in a Monday letter to the secretary of the Navy that “there is no legitimate basis for any type of proceeding against Senator Kelly, and any such effort would be unconstitutional and an extraordinary abuse of power.”

“If the Executive Branch were to move forward in any forum—criminal, disciplinary, or administrative—we will take all appropriate legal action on Senator Kelly’s behalf to halt the Administration’s unprecedented and dangerous overreach,” Fishman wrote. 

Defense Secretary Pete Hegseth had set Dec. 10 as the deadline for the secretary of the Navy to recommend what to do about Kelly’s appearance in the video, but that came and went without any public announcements.

Hegseth also remained silent on the matter after rebuking Kelly weeks ago for posting the video where he and five other Democrats warned against illegal orders.

Kelly said on Dec. 9, one day before the deadline, he hadn’t received any information from the Navy or other administration officials. 

“Forget about an update. I haven’t heard anything from the guy,” Kelly told reporters. “That’s a good question for you guys to ask the Navy.”

The secretary of the Navy’s office did not respond to multiple requests for comment from States Newsroom. 

The Department of Defense posted in late November that officials were looking into “serious allegations of misconduct” against Kelly for appearing in the video. 

It didn’t detail how Kelly might have violated the Uniform Code of Military Justice but stated that “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.” 

Hegseth referred the issue to Navy Secretary John Phelan for any “review, consideration, and disposition” he deemed appropriate. Hegseth then asked for a briefing on the outcome of the review “by no later than December 10.”

Kelly said during a press conference in early December the military’s investigation and a separate one by the FBI were designed to intimidate the six lawmakers in the video from speaking out against President Donald Trump. 

The lawmakers in the video, who have backgrounds in the military or intelligence agencies, told members of those communities they “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

The other Democrats in the video — Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander — are not subject to the military justice system. 

Trump railed against the video a couple days after it posted, saying the statements represented “SEDITIOUS BEHAVIOR, punishable by DEATH!”

Arizona Democratic U.S. Sen. Mark Kelly speaks with reporters in the Mansfield Room of the U.S. Capitol on Monday, Dec. 1, 2025. (Photo by Jennifer Shutt/States Newsroom)   

WASHINGTON — Arizona Democratic U.S. Sen. Mark Kelly said Monday the threat of a court-martial for a video he and other senators released telling military members not to follow illegal orders is an effort to silence the president’s political opponents. 

Kelly, a retired Navy captain, was one of six Democratic lawmakers with backgrounds in the military or intelligence agencies who appeared in the video that was posted on social media in mid-November. 

President Donald Trump alleged the lawmakers had committed “SEDITIOUS BEHAVIOR, punishable by DEATH!” for telling members of the military and intelligence communities that they “can” and “must refuse illegal orders.”

Kelly said during a press conference that he and his wife, former U.S. Rep. Gabby Giffords, who survived being shot during a town hall in 2011, have experienced a sharp increase in threats in the weeks since Trump reacted negatively to the video. 

“My family knows the cost of political violence. My wife, Gabby, was shot in the head and nearly died while speaking with her constituents,” Kelly said. “The president should understand this too. He has been the target of political violence himself.”

Kelly then listed off other recent instances of political violence, including the killing of Minnesota House Speaker Melissa Hortman and her husband, the arson at the official home of Pennsylvania Gov. Josh Shapiro and the assassination of conservative commentator Charlie Kirk during a rally at Utah Valley University. 

“Every other president we have ever had in the history of this nation would have tried to heal the country,” Kelly said. “But we all know Donald Trump, he uses every single opportunity to divide us, and that’s dangerous.”

The Defense Department has announced officials are looking into recalling Kelly to active duty for a potential court-martial. The FBI has also contacted the House and Senate Sergeant at Arms to request interviews with the six lawmakers in the video. 

Kelly said he and the other Democrats in the video would not be intimidated or silenced by Trump’s comments or the investigations.

“It’s a dangerous moment for the United States of America when the president and his loyalists use every lever of power to silence United States senators for speaking up,” Kelly said. “But we all know that this isn’t about me and it’s not about the others in that video.

“They’re trying to send a message to retired service members, to government employees, the members of the military, to elected officials and to all Americans who are thinking about speaking up — you better keep your mouth shut, or else.”

Video caused stir

The lawmakers’ video reminded servicemembers they’d sworn an oath to the Constitution, something Kelly said shouldn’t have been controversial. 

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” the Democrats said in the video. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

Kelly declined to say directly during the press conference if the video was a response to ongoing strikes on boats in the Caribbean Sea that Trump and others in the administration have said are shipping illegal substances to the United States. 

“I think it’s good for people to get a reminder. And we wanted to show that we had their back and we understood the situation they were in,” Kelly said. “And we said something that is in the Uniform Code of Military Justice, according to the law of armed combat.”

Investigations opened

The House and Senate Armed Services Committees have each opened investigations into the strikes after The Washington Post reported that Defense Secretary Pete Hegseth gave a verbal order to make sure everyone died during a Sept. 2 strike on one of the boats. 

Kelly said that he has “tremendous confidence” in committee Chairman Roger Wicker of Mississippi and ranking member Jack Reed of Rhode Island. But he repeatedly criticized Hegseth as unqualified, saying he often “runs around on a stage like he’s a 12-year-old playing army.” 

“If there is anyone who needs to answer questions in public and under oath, it is Pete Hegseth,” Kelly said. 

The Armed Services Committee, he said, should have both a public hearing and one for senators in a classified setting to get more details on the strikes on boats off the coast of Venezuela, including whether the Trump administration has a strategy. 

Kelly said if Trump wants to remove Venezuelan leader Nicolás Maduro, then he must make that clear so Congress can have a debate and Americans can have a say in a potential war.

“Regime change as a policy in the United States, generally, in our history, has not worked out well. Think of South Vietnam, think of the Bay of Pigs, Iraq and Afghanistan. It results in the deaths of U.S. service members without the intended outcome,” Kelly said. “And in this case, I don’t even think we know the intended outcome. The president needs to make a case to the American people when he is about to put thousands of American men and women in harm’s way.”

Sen. Elissa Slotkin, D-Mich., rehearses the Democratic response to President Donald Trump’s address to a joint session of Congress on March 4, 2025 in Wyandotte, Michigan. (Photo by Paul Sancya – Pool/Getty Images)

WASHINGTON — Democratic members of Congress who released a video in mid-November telling members of the military that they are not required to follow illegal orders announced Tuesday the Federal Bureau of Investigation has asked to speak with them about the matter. 

Four House members, Arizona Sen. Mark Kelly and Michigan Sen. Elissa Slotkin wrote the inquiry will not deter them from publicly stating their concerns about the Trump administration. 

“Last night, the FBI’s Counterterrorism Division appeared to open an inquiry into me in response to a video President Trump did not like,” Slotkin wrote in a statement published on social media. 

“The President directing the FBI to target us is exactly why we made this video in the first place,” Slotkin added. “He believes in weaponizing the federal government against his perceived enemies and does not believe laws apply to him or his Cabinet. He uses legal harassment as an intimidation tactic to scare people out of speaking up.”  

Kelly’s office said it had “received this inquiry via the Sergeant at Arms.”  The House members said the FBI has contacted the House Sergeant at Arms office requesting interviews.

“Senator Kelly won’t be silenced by President Trump and Secretary Hegseth’s attempt to intimidate him and keep him from doing his job as a U.S. Senator,” the spokesperson said. 

Reps. Jason Crow of Colorado, Chris Deluzio and Chrissy Houlahan of Pennsylvania and Maggie Goodlander of New Hampshire separately issued a joint statement alleging that “Trump is using the FBI as a tool to intimidate and harass Members of Congress.”

“No amount of intimidation or harassment will ever stop us from doing our jobs and honoring our Constitution,” they wrote. “We swore an oath to support and defend the Constitution of the United States. That oath lasts a lifetime, and we intend to keep it. We will not be bullied. We will never give up the ship.”

President Donald Trump after learning of the video posted on social media that he believed the statement from six Democratic lawmakers represented “SEDITIOUS BEHAVIOR, punishable by DEATH.”

The FBI declined to comment. 

Illegal orders

Those six lawmakers posted a video on social media on Nov. 18 telling members of the military and intelligence community that they “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

The Defense Department announced Monday that it was looking into “serious allegations of misconduct” against Kelly, a former Navy captain and NASA astronaut, for his participation in the video. 

The statement said defense officials may recall Kelly “to active duty for court-martial proceedings or administrative measures.” 

Kelly wrote in a statement responding to the investigation that he had “given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”

“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,” Kelly wrote.

Hegseth asks for briefing

Defense Secretary Pete Hegseth posted on social media Tuesday that he wants the Secretary of the Navy to brief him “on the outcome of your review by no later than December 10, 2025.”

Members of Congress’ official actions are generally protected under the speech and debate clause of the Constitution. 

A report from the nonpartisan Congressional Research Service states the judiciary’s “immunity principle protects Members from ‘intimidation by the executive’ or a ‘hostile judiciary’ by prohibiting both the executive and judicial powers from being used to improperly influence or harass legislators.”

U.S. Sen. Mark Kelly, D-Ariz., speaks to reporters at the U.S. Capitol on March 25, 2025 in Washington, D.C. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — The Department of Defense announced on social media Monday it’s looking into “serious allegations of misconduct” against Arizona Democratic Sen. Mark Kelly, one of several lawmakers who posted a video last week telling military members they are not required to follow orders that violate the law. 

The video spurred anger from President Donald Trump, who posted, also on social media, that he believed the statement from six Democratic lawmakers represented “SEDITIOUS BEHAVIOR, punishable by DEATH!”

The claim led to safety concerns on Capitol Hill, especially after a year that included numerous acts of violence against lawmakers and key political figures. 

The Defense Department announcement didn’t detail exactly how Kelly may have violated the Uniform Code of Military Justice but stated that “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.” 

It was unclear how the military review and threat of court-martial proceedings would fit with the constitutional protections held by members of Congress for speech and debate.

Kelly wrote in a statement the Defense Department’s post was the first time he’d heard about the inquiry. 

“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,” Kelly wrote. “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 Kelly and the other senators in the video were encouraging “disorder and chaos within the ranks.”

“Not a single one of them … can point to a single illegal order that this administration has given down because it does not exist,” Leavitt said. “They knew what they were doing in this video and Sen. Mark Kelly and all of them should be held accountable for that.”

Kelly military background

Kelly served as an aviator in the United States Navy from 1987 until 2012. He was deployed as part of Operation Desert Storm during the first Gulf War. He received several awards throughout his military career, including the Legion of Merit and the Distinguished Flying Cross. 

Kelly reached the rank of captain before his retirement from military service. 

Kelly, who was also a NASA astronaut, was first elected to the U.S. Senate in November 2020. 

The Defense Department’s post announcing an investigation into Kelly said military officials wanted to remind people 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.”

The statement added that all service members “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.”

The statement appeared somewhat similar to the one Kelly, Michigan Sen. Elissa Slotkin, Colorado Rep. Jason Crow, Pennsylvania Reps. Chris Deluzio and Chrissy Houlahan, and New Hampshire Rep. Maggie Goodlander gave in the video they published Nov 18. 

The Democrats, all of whom served in the military or worked in intelligence agencies, said they wanted “to speak directly to members of the military and the intelligence community who take risks each day to keep Americans safe.”

They said that Americans in those institutions “can” and “must refuse illegal orders.”

“No one has to carry out orders that violate the law or our Constitution. We know this is hard and that it’s a difficult time to be a public servant,” they said. “But whether you’re serving in the CIA, in the Army, or Navy, or the Air Force, your vigilance is critical.”

Broad constitutional protections for Congress

Members of Congress are broadly protected under the speech and debate clause of the U.S. Constitution, which states that unless a lawmaker is involved in treason, felony and breach of the peace, they are “privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”

The annotated explanation of the clause on Congress’ official website says the Supreme Court has “broadly” interpreted its applications over the years to ensure an independent legislative branch. 

“Despite uncertainty at the margins, it is well established that the Clause serves to secure the independence of the federal legislature by providing Members of Congress and their aides with immunity from criminal prosecutions or civil suits that stem from acts taken within the legislative sphere,” it states. “As succinctly described by the Court, the Clause’s immunity from liability applies ‘even though their conduct, if performed in other than legislative contexts, would in itself be unconstitutional or otherwise contrary to criminal or civil statutes.’ This general immunity principle forms the core of the protections afforded by the Clause.”

A report from the nonpartisan Congressional Research Service states the judiciary’s “immunity principle protects Members from ‘intimidation by the executive’ or a ‘hostile judiciary’ by prohibiting both the executive and judicial powers from being used to improperly influence or harass legislators.”