Sen. Mark Kelly Responds After Pentagon Opens UCMJ Review: 'I’ve Given Too Much to This Country to Be Silenced'

The Department of Defense announced on Monday that it has opened a formal review into allegations of misconduct against retired Navy Captain and Arizona Senator Mark Kelly after he appeared in a video urging military and intelligence personnel not to follow what he described as "illegal orders." The review is being conducted under the Uniform Code of Military Justice (UCMJ) and related regulations to determine next steps, which could include recall to active duty for court-martial or administrative measures.

Department of Defense statement: "We have received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). 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. 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 department also reminded the public that some retirees remain subject to the UCMJ for applicable offenses and cited federal law (including 18 U.S.C. § 2387) that prohibits actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Officials reiterated that service members have a legal obligation to obey lawful orders and that personal beliefs do not excuse disobeying otherwise lawful directives.

Secretary of Defense Pete Hegseth: The video by the group sometimes called the "Seditious Six" was "despicable, reckless, and false." He said encouraging troops to ignore their commanders undermines good order and discipline and can put service members at risk. Hegseth noted that five participants fall outside Department of Defense jurisdiction (one is a CIA employee and four are former service members who are not retired), but said Kelly, as a retired Navy officer who used his rank and service affiliation in the message, remains subject to the UCMJ and that his conduct "brings discredit upon the armed forces."

The review was announced after former President Donald Trump publicly condemned the video, posting that it was "SEDITIOUS BEHAVIOR, punishable by DEATH!" on social media, comments that drew widespread attention and controversy.

Senator Kelly responded on X (formerly Twitter), outlining his decades of service and defending his message. In his post he recalled commissioning as an ensign at age 22, serving as a naval aviator with deployments aboard the USS Midway, flying 39 combat missions during Operation Desert Storm, completing test pilot school, flying four space shuttle missions with NASA, and participating in recovery efforts after the Columbia disaster. He said he retired after his wife, Congresswoman Gabby Giffords, was shot while serving her constituents.

Kelly on X: "I swore an oath to the Constitution and have upheld that oath through my military service and at NASA. Secretary Hegseth's tweet is the first I heard of this review. I also saw the President's posts calling for my arrest and worse. 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."

Legal experts say the initial review will assess whether Kelly's remarks fall within protected political speech or whether they could be construed as violating statutes or military law—particularly because he referenced his rank and service. The process is expected to limit public comment until the review concludes to protect due process and preserve the integrity of any potential proceedings.

What could happen next: The Department of Defense could close the review with no action, pursue administrative measures, or—if warranted under the UCMJ—recommend recall to active duty and court-martial proceedings. The review underscores tensions between civilian political speech, protections for retired military personnel, and rules intended to preserve military order.