By Shane CroucherShareNewsweek is a Trust Project memberDefense Secretary Pete Hegseth mocked Democratic Senator Mark Kelly over a picture of his uniform, a day after his department said it was investigating unspecified serious misconduct allegations against the former Navy captain.
Kelly was one of several Democratic lawmakers who are forces or intelligence veterans and released a video telling serving personnel they do not have to follow illegal orders. President Donald Trump called the video "seditious" and said it was an offense "punishable by death" in a post on his Truth Social platform. Democrats said his rhetoric triggered violent threats.
Responding to the news of a Pentagon investigation into him, Kelly of Arizona shared an image of his uniform and medals on X, discussing his military career, and saying he wouldn't be intimidated: "I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."
Hegseth hit back on Tuesday morning, writing on X: "So 'Captain' Kelly, not only did your sedition video intentionally undercut good order & discipline…but you can’t even display your uniform correctly. Your medals are out of order & rows reversed. When/if you are recalled to active duty, it’ll start with a uniform inspection."
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Pentagon Investigation Into Mark Kelly
The Pentagon's announcement of an investigation into Kelly, posted Monday on the department’s social media accounts, referenced a federal statute that allows the defense secretary to recall retired military personnel to active duty for potential court-martial or other administrative action.
Kelly, a former Navy fighter pilot who later became a NASA astronaut, retired as a captain. It is highly unusual for the Pentagon, long known for publicly avoiding partisan disputes before the second Trump administration, to signal possible legal action toward a sitting member of Congress.
The video by six Democrats sparked anger among the Trump administration, after the lawmakers said they were reminding active military and intelligence personnel that they should refuse "illegal orders" under the U.S. Constitution.
..."The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)," the Department of Defense, which has rebranded as the Department of War, said on X.
"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."
Hegseth then shared the post on X, adding that the other five individuals in the video—Michigan Senator Elissa Slotkin, Pennsylvania Representatives Chris Deluzio and Chrissy Houlahan, and New Hampshire Representative Maggie Goodlander—did not fall under his department's jurisdiction, but Kelly did.
Donald Trump Attacks 'Seditious Behavior'
Trump suggested the video was "seditious behavior", calling for the group of Democrats to be arrested and, at one point, appearing to suggest they be killed—something he distanced himself from later on.
The group has been resolute in its stance that U.S. military personnel have a right to refuse to carry out orders that violate the Constitution or other U.S. laws, even if those orders contradict Trump's wishes.
The White House is viewing their actions as potentially seditious, meaning they could be deemed as rebellion against the government, or an attempt to overthrow it. Punishment for sedition under federal law can be a hefty fine or a lengthy prison sentence.
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