The Department of War announced Monday that it has launched an investigation into Sen. Mark Kelly, D-Ariz., for his participation in the “Seditious Six” video in which Democrat lawmakers encouraged military members to ignore orders from President Donald Trump, their commander-in-chief.
Kelly, a retired Navy captain, could be called back into active duty service in order to face “court-martial proceedings or administrative measures,” according to the Pentagon.
“The video made by the ‘Seditious Six’ was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion — which only puts our warriors in danger,” War Secretary Pete Hegseth said in a statement.
In a spliced video section from Reps. Chris Deluzio, D-Penn., and Jason Crow, D-Colo., they said that “threats to our Constitution aren’t just coming from abroad, but from right here at home.”
That was immediately followed by Kelly stating, “Our laws are clear: You can refuse illegal orders.”
They never specified which orders are illegal.
According to Hegseth, five out of the six Democrats telling members of the military to ignore their commanders are not under the military’s jurisdiction, even though four of them are former military (one is former CIA). Kelly’s “retired” status, however, makes him subject to the Uniform Code of Military Justice, 10 U.S.C. § 688, which enables the secretaries of military departments to recall any retired member at any time in most situations.
Kelly openly used his rank and affiliation with the Navy when making this video, “lending the appearance of authority to his words,” Hegseth said.
The Pentagon also mentioned federal law 18 U.S.C. § 2387, which prohibits “actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.” Those, too, will be addressed through the “appropriate legal channels,” the Pentagon added.
It is unclear if that implicates Deluzio (former Navy), Crow (former paratrooper and Army Ranger), or the other lawmakers: Sen. Elissa Slotkin, D-Mich. (former CIA officer), as well as Reps. Maggie Goodlander, D-N.H. (former Navy intelligence), and Chrissy Houlahan, D-Penn. (former Air Force).
However, the law does open by stating, broadly, “whoever … (1) advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or (2) distributes or attempts to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States — Shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.”
The Pentagon stated, “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Kelly’s office did not respond to a request for comment from The Federalist, but his official X account posted a statement attempting to make an appeal to his military service, including a picture of his uniform, without mentioning his potential sedition.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” he stated. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Ionically, as The Federalist’s Editor-In-Chief Mollie Hemingway pointed out, Kelly’s post made “a good argument against trying to incite insurrections and military coups.”
Breccan F. Thies is the White House correspondent for The Federalist. He previously covered education and culture issues for the Washington Examiner and Breitbart News. He holds a degree from the University of Virginia and is a 2022 Claremont Institute Publius Fellow. You can follow him on X: @BreccanFThies.
