Pentagon threatens to court-martial Democratic senator over ‘refuse illegal orders’ video | 24 Nov 2025 | The Department of War announced Monday that it has opened a formal review into allegations of misconduct against Democratic Sen. Mark Kelly of Arizona over a video calling on service members to “refuse illegal orders.” The Pentagon said it may even call Kelly, a retired Navy captain, back to active duty to face court-martial proceedings or other administrative actions under the Uniform Code of Military Justice. “This matter will be handled in compliance with military law, ensuring due process and impartiality,” the department said, adding that further comments will be limited to protect the integrity of the proceedings. The statement also underscored that military retirees remain subject to the UCMJ and reminded servicemembers that “orders are presumed to be lawful” and must be obeyed. The department cited federal statutes, including 18 U.S.C. § 2387, which prohibits attempts to undermine the loyalty, morale, or discipline of U.S. forces.