Opinion
The Pentagon confirmed it’s investigating Anti-Gun Democratic Sen. Mark Kelly of Arizona — a former Navy captain and astronaut — after he appeared in a political video urging U.S. service members to “refuse unlawful orders.” As a result of Kelly is a retired officer, he’s nonetheless topic to the Uniform Code of Navy Justice (UCMJ), and protection officers say his actions could have crossed a authorized line.
In a public assertion, the Pentagon mentioned it had acquired “severe allegations of misconduct” and has launched “a radical overview of those allegations… which can embrace recall to energetic obligation for court-martial proceedings or administrative measures.”
The investigation includes federal regulation 18 U.S.C. § 2387 — a statute that makes it a criminal offense, punishable by as much as ten years in jail, to “advise, counsel, urge, or in any method trigger… insubordination, disloyalty, mutiny, or refusal of obligation” amongst U.S. army forces.
Kelly and 5 different Democratic lawmakers launched the video final week, telling troops, “Our legal guidelines are clear. You possibly can refuse unlawful orders.” The message didn’t make clear which “unlawful orders” they believed have been being issued, or by whom — one thing even CNN famous the group didn’t specify.
Whereas all six lawmakers within the video are Democrats with national-security backgrounds, Kelly is the one one who might be recalled to energetic obligation and court-martialed, as a result of he’s the one retired army officer within the group.
OFFICIAL STATEMENT:
The Division of Warfare has acquired severe allegations of misconduct in opposition to Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Navy Justice, 10 U.S.C. § 688, and different relevant laws, a radical overview of those allegations…
— Division of Warfare (@DeptofWar) November 24, 2025
Trump Calls It “Seditious Conduct” as Stress Mounts
President Donald Trump criticized the lawmakers sharply. In feedback on social media, he referred to as their actions “seditious habits punishable by demise” — later clarifying he was quoting the regulation, including, “I’m not threatening demise, however I feel they’re in deep trouble.”
Protection Secretary Pete Hegseth, echoing the Pentagon’s place, labeled the group the “Seditious Six” and mentioned Kelly’s habits “brings discredit upon the armed forces.”
Hegseth mentioned the video was “despicable, reckless, and false,” warning that “encouraging our warriors to disregard the orders of their Commanders undermines each facet of ‘good order and self-discipline.’”
He pressured that Kelly used his army rank and repair affiliation whereas immediately addressing troops, which “lended the looks of authority to his phrases.”
Kelly Pushes Again, Claims He Is The Sufferer
Kelly responded to CBS Information, saying he discovered concerning the investigation by way of social media. In a press release on X, he mentioned:
“If that is meant to intimidate me and different members of Congress… it gained’t work. I’ve given an excessive amount of to this nation to be silenced by bullies who care extra about their very own energy than defending the Structure.”
Showing on Face the Nation, Kelly doubled down:
“All we mentioned is we reiterated what principally is the rule of regulation that members of the army mustn’t, can not comply with unlawful orders.”
Kelly additionally claimed that Trump’s feedback “have severe, severe penalties,” and mentioned the president’s phrases have resulted in “elevated threats in opposition to us.”
A Deeper Sample: Kelly & Giffords’ Anti-Gun Advocacy Below Scrutiny
The controversy arises as Kelly and his spouse, former Rep. Gabby Giffords, increase their nationwide gun-control activism by means of the Giffords group — a gaggle well-known for lobbying in opposition to civilian firearm possession and pushing bans on gadgets like suppressors.
Gun-rights analysts word that Kelly has an extended report of selling gun-control narratives that contradict established information.
As an illustration:
Kelly beforehand claimed suppressors defeat ShotSpotter detection programs, however ShotSpotter’s personal truth sheet states its sensors “are designed to select up the sound of gunfire from suppressors.”
Giffords just lately claimed stand-your-ground legal guidelines are a “license to kill,” regardless of many years of information displaying lawful defensive shootings are rising as a result of thousands and thousands extra Individuals are carrying weapons for defense.
AmmoLand New’s earlier reporting additionally highlighted Kelly’s ties to Chinese language enterprise pursuits, elevating long-standing questions on overseas affect and conflicts of curiosity — notably in issues involving U.S.–Taiwan weapons gross sales.
Whereas the Pentagon’s present investigation just isn’t about China or gun management, these previous controversies have resurfaced amongst Kelly’s critics, who level to a sample of political messaging that undermines civilian gun rights whereas creating confusion contained in the army ranks.
A Politically Charged Second With Severe Penalties
The video made by the “Seditious Six” was despicable, reckless, and false. Encouraging our warriors to disregard the orders of their Commanders undermines each facet of “good order and self-discipline.” Their silly screed sows doubt and confusion — which solely places our warriors in… https://t.co/UvLXChZnmF
— Pete Hegseth (@PeteHegseth) November 24, 2025
The Pentagon emphasised that federal regulation prohibits any motion that interferes with the “loyalty, morale, or good order and self-discipline” of the armed forces — even for retirees. The regulation exists to stop anybody, particularly former officers, from utilizing their previous rank to sway troops towards disobedience.
If Kelly is discovered to have violated 18 U.S.C. § 2387 or UCMJ guidelines, potential penalties embrace:
Recall to energetic obligation
Courtroom-martial
Lack of pay and advantages
Felony expenses
As much as ten years in federal jail
Such a case can be traditionally uncommon — a sitting U.S. senator dealing with attainable army prosecution for statements made whereas in workplace.
For a lot of within the pro-gun neighborhood, the problem isn’t partisan. It’s concerning the elementary rule that politicians mustn’t inform troops to select and select which orders to obey, particularly whereas utilizing their army rank to provide these phrases additional authority.
Protection Secretary Hegseth summarized the Pentagon’s view clearly:
“Kelly’s conduct shall be addressed appropriately.”
The investigation is ongoing.
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