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The Department of War said Monday it is reviewing misconduct allegations against Sen. Mark Kelly, D-Ariz., in a move that could open the door to potential legal action against the former Navy combat pilot and retired commander.
“OFFICIAL STATEMENT: The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.),” the agency posted on X.
The department said the review will follow established military legal procedures. “This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings,” the agency wrote.
Kelly, a retired Navy commander and former NASA astronaut, faced criticism last week after appearing in a partisan video urging military personnel to refuse “illegal” orders from the Trump administration. The video, titled “Don’t Give Up the Ship,” included six Democratic lawmakers and former national security officials. It was first shared online by Rep. Elissa Slotkin, D-Mich.
In its post, the department said that “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.”
War Secretary Pete Hegseth, writing separately on X, referred to the group featured in the video as the “Seditious Six.” He noted that Kelly is the only person among them who remains under War Department jurisdiction.
“Five of the six individuals in that video do not fall under @DeptofWar jurisdiction (one is CIA and four are former military but not ‘retired,’ so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ — and he knows that,” Hegseth wrote.
The post also carried a broader warning for retired service members, reminding them that they remain subject to the Uniform Code of Military Justice. “The Department of War reminds all individuals that military retirees remain subject to the UCMJ 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.”
President Donald Trump also criticized the video and those promoting it, accusing Democrats of trying to undermine the military’s chain of command. He escalated his comments over the weekend as the controversy over the “seditious” actions grew.
