Sen. Mark Kelly, D-Ariz., talks with reporters in Dirksen building on Tuesday, October 28, 2025.
Tom Williams | Cq-roll Call, Inc. | Getty Images
The Pentagon on Monday said that it was reviewing what it called “serious allegations of misconduct against” Sen. Mark Kelly of Arizona, who was among six Democratic lawmakers harshly criticized by President Donald Trump for urging members of the military to refuse to follow unlawful orders.
The Defense Department did not detail the claims against Kelly, who is a retired captain in the U.S. Navy. The department also did not say who made the allegations.
But in a statement revealing the probe on X, the Pentagon suggested that the investigation relates to Kelly’s comments about the power of service members to refuse to follow illegal orders.
The Pentagon said 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.”
“This matter will be handled in compliance with military law, ensuring due process and impartiality,” the Pentagon said in the statement.
“The Department of War reminds all individuals that military retirees remain subject to the [Uniform Code of Military Justice] 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 post.
“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 post said. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
This is breaking news. Please refresh for updates.
