Democratic Senator Mark Kelly of Arizona said the Trump administration has “got the wrong guy” if it thinks it can stop him from serving the American people by escalating a review into allegations of misconduct.
Why It Matters
The confrontation between Kelly, a former Navy combat pilot and current Democratic lawmaker, and figures in the Trump administration—including Secretary of Defense Pete Hegseth—places long-standing norms about civilian oversight, military justice, and the separation of powers under scrutiny.
The Pentagon’s rare consideration of a possible court-martial for a retired officer now serving as a U.S. senator raises questions about constitutional protections, congressional independence, and executive branch authority, with possible implications for the rights of lawmakers and the limits of political discourse.
What To Know
The Pentagon has accused Kelly, a retired Navy captain, of seditious behavior after he joined five other Democrats in Congress with backgrounds in the U.S. military and intelligence community to urge U.S. troops to refuse any illegal orders.
Their call drew accusations of “sedition” from President Donald Trump and the start of federal investigations.
Kelly, a former astronaut and decorated veteran, denies any wrongdoing and has said he would not be intimidated.
The Pentagon said on Monday it is “escalating the preliminary review” of Kelly ”to an official Command Investigation.”
“Kelly is currently under investigation for serious allegations of misconduct. Further official comments will be limited to preserve the integrity of the proceedings,” a Pentagon official said in a statement to Newsweek.
“Further official comments will be limited to preserve the integrity of the proceedings,” the official said.
Kelly, responding to the Pentagon announcement, was defiant.
“If Donald Trump or Pete Hegseth think they can stop me from doing my job and serving the American people, they’ve got the wrong guy,” Kelly said in a post on social media.
“It should send a shiver down the spine of every patriotic American that the president and secretary of defense would abuse their power to come after me or anyone this way.”
What People Are Saying
White House spokeswoman Abigail Jackson told Newsweek this month: “It should deeply concern all Americans that elected Democrats are publicly urging the military to openly defy the chain-of-command and the commander-in-chief’s lawful orders to subvert the will of the American people. And to spin up more lies on top of it? That’s just dangerous.”
President Donald Trump responded to the video on Truth Social at the time: “SEDITIOUS BEHAVIOR, punishable by DEATH!”, later clarifying he was “not threatening death” but maintaining, “IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME. THERE CAN BE NO OTHER INTERPRETATION OF WHAT THEY SAID!”
Kelly’s lawyer, Paul Fishman, said in a letter to Navy Secretary John Phelan on Monday, published by Axios: “To be clear: there is no legitimate basis for any type of proceeding against Senator Kelly, and any such effort would be unconstitutional and an extraordinary abuse of power.”
What Happens Next
The Pentagon has not yet announced a decision as to whether it will proceed with recalling Kelly to active duty for a court-martial.
