The Department of the Army has initiated an investigation that might lead to a court-martial concerning “serious misconduct” allegations against Senator Mark Kelly (D-Ariz.).
Kelly, a former US Navy captain, was accused of “incitement” by President Donald Trump after he participated in a video alongside other Democrats urging military and intelligence personnel to “reject illegal orders” from the current administration.
On Monday, the Department of the Army stated on social media that they are aware of the significant accusations and have started a “thorough review” to decide on future actions. Potential outcomes “could include reinstatement to active duty for court-martial or administrative action.”
“This matter will be addressed with due process and fairness under military law,” the department emphasized. “Further public comments will be limited to maintain the integrity of the proceedings.”
The Department of the Army also reminded veterans that any “applicable crimes” are subject to the Uniform Code of Military Justice (UCMJ) and that federal law prohibits actions that “interfere with, impair, or influence the loyalty, morale, good order, or discipline of the armed forces.”
“We would like to remind all military personnel that they have a legal obligation under the UCMJ to obey lawful orders, and such orders are presumed lawful,” the statement continued. “A service member’s personal views cannot justify or excuse noncompliance with otherwise lawful orders.”
The contentious video also features comments from Senators and Representatives including Elissa Slotkin (D-Mich.), Chris Deluzio (D-Pa.), Chrissy Hoolahan (D-Pa.), Maggie Goodlander (D-New Hampshire), and Jason Crow (D-Colo.).
Democratic lawmakers did not provide instances of “unlawful” orders from the Trump administration but contended that “threats to our Constitution arise not only from abroad but also from right here at home.”
Trump responded by claiming, “The traitors who instructed the military not to follow my orders should be in prison right now.” He insisted that what was expressed constituted serious incitement and left no room for misinterpretation.
Army Secretary Pete Hegseth expressed his own sentiments after the Department’s announcement, labeling the lawmakers as “six instigators” and referred to the video as “despicable, reckless and false.”
“Encouraging our military personnel to disregard their commanders’ orders undermines all aspects of ‘good order and discipline,'” Hegseth asserted. “This kind of rhetoric creates doubt and confusion, putting our warriors at risk.”
He clarified that Kelly is the only individual in the video who falls under the jurisdiction of the UCMJ since Slotkin is a former CIA officer and the others are “ex-military but not retired.”
“As already stated, the department is investigating him. [Kelly’s] actions and words are directed at the entire military and carry authority, while explicitly using rank and affiliation,” Hegseth commented. “Kelly’s conduct has sown distrust within the military and will be appropriately addressed.”
In response to the Department’s announcement, Kelly provided a statement saying:
At 22, I was commissioned as a second lieutenant in the Navy and swore to uphold the Constitution. I continued to honor that vow through various missions and roles, including flight school and Space Shuttle missions. I have put my life on the line for this country, which I hold dear.
I learned about the investigation through Secretary Hegseth’s tweet, as well as the president’s posts suggesting extreme penalties for me.
If this is intended to intimidate me or my colleagues into silence, it won’t work. I refuse to be cowed by those who care more about power than protecting the Constitution.
Senator Ruben Gallego (D-Ariz.) came to Kelly’s defense with a straightforward remark: “Forget the investigation.”
