The Department of War initiated a review of “serious allegations” against Arizona Democratic Senator Mark Kelly on Monday after he joined five other Democrats in urging U.S. military members to disobey “illegal orders.”
The War Department said the review will determine whether Kelly, a U.S. Navy combat veteran and retired astronaut, should be recalled to active duty for “court-martial proceedings or administrative measures.” Kelly, along with Sen. Elissa Slotkin (D-MI), Rep. Chrissy Houlahan (D-PA), Rep. Maggie Goodlander (D-NH), and Rep. Jason Crow (D-CO) — all former military members — released a video last week where they encouraged military members to ignore what they perceived as unlawful orders.
“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. Any violations will be addressed through appropriate legal channels,” the War Department said.
The U.S. code cited by the department makes it a crime “to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States” and “to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States.” Those who violate 18 U.S.C. 2387 face up to 10 years in prison.
In the video, the six Democrats argued that the Trump administration “is pitting our uniformed military and intelligence community professionals against American citizens.”
“Like us, you all swore an oath to protect and defend this Constitution,” the Democratic leaders told U.S. service members. “Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home.”
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“Our laws are clear, you can refuse illegal orders,” the Democrats added. “You can refuse illegal orders. You must refuse illegal orders.”
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
President Donald Trump responded to the video last week, suggesting that it constituted “SEDITIOUS BEHAVIOR, punishable by DEATH.” He later clarified that he was not calling for the senators to receive the death penalty, but he has continued to share claims that the Democrats are guilty of sedition.
Kelly said on Sunday that Trump is “calling for the execution of members of Congress.”
“His words carry tremendous weight, more so than anybody else in the country, and he should be aware of that,” the senator added. “And because of what he says, there [are] now increased threats against us.”
In their video, the Democratic lawmakers did not give a single example of an illegal order the president has issued to the U.S. military. Senator Slotkin was asked on Sunday whether Trump has given any illegal orders, and she could not name any.
“I am not aware of things that are illegal, but certainly there are some legal gymnastics that are going on with these Caribbean strikes and everything related to Venezuela,” Slotkin said.
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