UPDATE 1:35 p.m. Eastern:
Sen. Mark Kelly has responded to the Department of War statement, posting an image prominently displaying his military insignia, badges, ribbons, medals, and awards, and insisting he will not be intimidated. He also reminds Secrtary of War Pete Hegseth of his "service to this country."
"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 on X. "I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."
When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution. I upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space… pic.twitter.com/jMAlYEozQ6
— Senator Mark Kelly (@SenMarkKelly) November 24, 2025
Original Story:
The Department of War on Monday issued a statement saying it is looking into allegations of misconduct against Sen. Mark Kelly (D-AZ) following a video in which he took part, urging military members to defy orders from their superiors.
The statement contends that Kelly's actions are "serious" and that further action against him is under consideration. Those actions may include a court-martial.
"The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)," the official statement begins.
Kelly, as our readers are undoubtedly aware, along with Sen. Elissa Slotkin (D-MI), and Reps. Chris Deluzio (PA-17), Chrissy Houlahan (PA-6), Maggie Goodlander (NH-2), and Jason Crow (CO-6) urged military troops and intelligence officials to defy "illegal orders."
The problem is that there is a vast difference between manifestly illegal orders and those whose illegality is debatable. The latter of which, refusing to obey an order one feels personally questionable, is itself illegal, under the Uniform Code of Military Justice (UCMJ).
In other words, service members can't simply say they feel immigration enforcement, for example, is unlawful and walk away, which is precisely what these Democrat lawmakers were trying to incite.
OFFICIAL STATEMENT:
— Department of War 🇺🇸 (@DeptofWar) November 24, 2025
The Department of War has 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…
READ MORE: The Dems Released a Sedition-y Ad, and I Have Questions
Did Democrats Seriously Call the Capitol Police on Trump for Accusing Them of Sedition?
The DOW does not explicitly mention the video, but cites the UCMJ to explain the ramifications Kelly might face.
"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," they write. "This matter will be handled in compliance with military law, ensuring due process and impartiality."
Further comments make it clear that this investigation concerns the video, reminding military retirees that they are subject to the same laws that "prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces."
"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," the statement concludes. "A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order."
Unfortunately, young, impressionable troops will need to be reminded of that basic code thanks to the Democrats' attempts to provoke them into sediitous behavior.
This all seems like a pretty daunting investigation the Arizona senator is now facing. Kelly, a former Navy pilot, was a key participant in the video that Vice President JD Vance declared was "by definition illegal."
If the president hasn't issued illegal orders, them members of Congress telling the military to defy the president is by definition illegal. https://t.co/Q5drUE6BLS
— JD Vance (@JDVance) November 23, 2025
You'd have thought he would know better.
Instead, Kelly proudly bragged that he was a "Captain in the United States Navy" before expressly (along with Slotkin and Crow) accusing the administration of "pitting our uniformed military and intelligence community professionals against American citizens."
They were clearly calling for service members and intelligence community officials involved in immigration enforcement orders to defy their superiors. Or those involved in cleaning up crime in blue cities. Or even those involved in attacks on narco-terrorist vessels.
Basically, anything that Democrats find offensive, they want service members to find illegal and subsequently engage in seditious behavior. That's not how things work.
Mark Kelly was the most senior officer who participated in this heinous act. He has poisoned the SHIPS Act and should pass it off to someone who cares more about patriotism than partisanship. @cdrsalamander https://t.co/KVQY50WGE5
— Benjamin Domenech (@bdomenech) November 24, 2025
Kelly and the other Democrats have staunchly defended their actions, and the media has largely helped out by focusing on President Trump's comments accusing them of sedition and reminding them that such a reprehensible crime was once punishable by death.
"I think it's important to say that there is nothing more American than standing up for the Constitution, that's what we were doing. President didn't like it, so now he calls for us to be hanged," a defiant Kelly told CNN late last week.
"Your continued threats will not intimidate me or keep me from doing my job," he wrote on X hours before the DOW announcement.
This has been an incredible miscalculation on the senator's part. While hoping to score cheap political points with his supporters, he may have inadvertently tossed his entire military career into the incinerator.
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