2:21Sen. Mark Kelly attends a press conference calling for the release of the Epstein files, on Capitol Hill in Washington, November 18, 2025. Annabelle Gordon/Reuters
The Defense Department stated on Monday that it is initiating a "comprehensive examination" of Democratic Sen. Mark Kelly, referencing "grave claims of wrongdoing."
The declaration follows days after President Donald Trump blamed Kelly and fellow Democratic legislators for "insurrectionist actions" because of a video where they conveyed that U.S. military personnel could decline to follow unlawful directives.
In a declaration released on X, the Department of Defense conveyed it "obtained severe allegations of impropriety" against Kelly, who is a former U.S. Navy captain.
"In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, an extensive probe into these accusations has been launched to ascertain potential measures, which might encompass reinstatement to active service for court-martial proceedings or disciplinary steps. This situation will be managed adhering to military legislation, securing fairness and impartiality. Further formal remarks will be limited, so as to uphold the proceedings’ integrity," the declaration expressed.
"The Department of War reminds everyone that military retirees remain under the purview of the UCMJ for relevant infractions, and national statutes like 18 U.S.C. § 2387 ban actions designed to undermine the allegiance, spirit, or discipline of the armed forces. Every infringement will be dealt with via suitable legal avenues," the Pentagon stated.
Sen. Mark Kelly attends a press conference calling for the release of the Epstein files, on Capitol Hill in Washington, November 18, 2025.Annabelle Gordon/Reuters
Kelly gave a response on X, indicating the social media posts coming from Hegseth and the Pentagon represented the initial occasion he became aware of the examination.
"When I was 22, I received my commission as an Ensign in the United States Navy and pledged an oath to the Constitution. I honored that commitment throughout flight school, various deployments aboard the USS Midway, 39 aerial combat missions during Operation Desert Storm, test pilot training, four journeys to space with NASA, and consistently since my retirement — which transpired after my spouse Gabby was wounded in the head as she was helping those she represented," Kelly wrote.
"Secretary Hegseth’s communication represents my first knowledge of this. I also noticed the President’s postings asserting I should be taken into custody, hanged, and executed," Kelly stated further.
"If this aims to frighten myself and other members of Congress from performing our responsibilities and demanding accountability from the present government, it shall fail. I’ve contributed a great deal to this nation to allow myself to be silenced by oppressors who are more interested in maintaining their own influence than safeguarding the Constitution," Kelly included.
The Arizona senator was one of a group of six Democrats featured in a video distributed the previous week addressed to members of the armed forces.
"The dangers to our Constitution don't simply originate abroad, but also from here, at home. Our regulations are unequivocal. You reserve the option to refuse to follow illegal directives," the collective stated. "No one must execute orders that defy the rule of law or our Constitution."
The communication fueled over a dozen posts on social media by Trump, who branded them "traitors" and commented they should be "behind bars." At one juncture, Trump suggested their deeds could be "punishable through capital punishment" though subsequently expressed, "I’m not declaring capital punishment, but I believe they’re in considerable distress."
White House press secretary Karoline Leavitt communicated on Monday afternoon the White House affirmed the investigation. Leavitt furthermore said "all" the Democrats featured in the video "should be deemed responsible."
Secretary of Defense Pete Hegseth looks on during a meeting with President Donald Trump and Saudi Crown Prince and Prime Minister Mohammed bin Salman in the Oval Office at the White House in Washington, November 18, 2025.Evelyn Hockstein/Reuters
Defense Secretary Pete Hegseth on Monday named the cluster of Democrats appearing in the video the "Insurrectionist Six" yet detailed why the examination is concentrated exclusively on Kelly.
"Five of the six persons displayed in that video do not come within the authority of the [Defense Department] (one works for the CIA and four are former military yet not 'retired', implying they are no longer beholden to the UCMJ). Nevertheless, Mark Kelly (former Navy Commander) remains subjected to the UCMJ — and he understands this," Hegseth conveyed on X.
All military officers who have separated from service following 20 years of service maintain the possibility of being reactivated, and if they are found to have partaken in inappropriate behavior, they remain vulnerable to military prosecution — likely a court martial.
Kelly gave a quarter of a century of service within the Navy and NASA, departing in 2011.
The code cited by the Defense Department might subject Kelly to an "administrative action," potentially encompassing a demotion in rank — and a corresponding drop in his pension benefits.
"As has been disclosed, the Department is scrutinizing his declarations and deeds, which were addressed directly to all soldiers while specifically applying his rank and service affiliation — thereby lending a sense of validity to his statements. Kelly’s conduct discredits the armed forces and will be handled appropriately," Hegseth stated on X.
ABC News' Chris Boccia and Luis Martinez lent assistance to this report.
Sourse: abcnews.go.com
