A Republican representative has spoken out against the Pentagon threatening to recall Democratic Senator Mark Kelly of Arizona, calling it “amateur hour once again.”
On Monday, the Pentagon announced that it would investigate Kelly, a retired Navy captain and former astronaut, after he appeared in a video urging U.S. troops to refuse unlawful orders.
Many Democrats have criticized this highly unusual step of the Department of Defense suggesting possible disciplinary action against a sitting member of Congress, and Republican Representative Don Bacon of Nebraska and conservative author Rod Dreher have also weighed in.
Newsweek has contacted representatives for Bacon and Kelly for comment via email outside normal working hours.
Why It Matters
President Donald Trump suggested the video was seditious behavior, saying in a social media post that it is “punishable by DEATH” and calling for the group to be arrested. He later tried to distance himself from the comments, telling Fox News Radio, “I’m not threatening death, but I think they’re in serious trouble.”
The Pentagon’s move has come under widespread criticism from those who see it as a departure from its apolitical stance.
“Having a United States senator subject to discipline at the behest of the secretary of defense and the president—that violates a core principle of legislative independence,” Anthony Michael Kreis, a constitutional law professor at Georgia State University, told the Associated Press.
What To Know
The Department of Defense, which the president rebranded as the Department of War, announced on Monday that it “received serious allegations of misconduct against Captain Mark Kelly” and that it had launched a review to determine whether any further action was necessary.
This action could “include recall to active duty for court-martial proceedings or administrative measures,” it wrote on X.
Last week, Kelly appeared in a video with several other lawmakers to urge U.S. service members to reject unlawful orders.
The other Democrats involved were Senator Elissa Slotkin of Michigan, Representatives Chris Deluzio and Chrissy Houlahan of Pennsylvania, Representative Maggie Goodlander of New Hampshire, and Representative Jason Crow of Colorado.
Kelly, who held the rank of captain when he retired from the Navy and NASA in 2011, joined the Senate in 2020 and was the only lawmaker in the video still subject to the Uniform Code of Military Justice.
What People Are Saying
Republican Representative Don Bacon, who retired from the Air Force as a brigadier general in 2014, wrote on X: “Amateur hour once again at the Department of Dense. I thought the video by six Dems was unnecessary and foolish. But the threats of sedition charges and courts martial in response are also crazy. Let’s show some common sense and restraint.”
He added in a comment: “They [the Democrats in the video] said don’t follow illegal orders. That is the law by the way. It was dumb and unnecessary video, but good luck prosecuting someone who is quoting the law. The Administration should have just pointed out how dumb it was. The threats looked dumber.”
Rod Dreher, a conservative author whose followers on X include Vice President JD Vance and other prominent MAGA figures, wrote on the platform: “I thought the law says US soldiers do not have to follow an unlawful order. Isn’t that what Sen. Kelly was saying—that IF they receive an unlawful order, THEN they should not follow it? Is that not true? I didn’t hear him saying ‘don’t obey President Trump.’ What am I missing?”
Secretary of Defense Pete Hegseth wrote on X: “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.”
White House press secretary Karoline Leavitt told reporters on Monday: “The White House is supportive of the Department of War’s investigation into Senator Mark Kelly, and I think what Senator Mark Kelly was actually trying to do was intimidate the 1.3 million active-duty service members who are currently serving in our United States armed forces with that video that he and his Democrat colleagues put out.
“Senator Mark Kelly well knows the rules of the military and the respect one must have for the chain of command, and that all orders, lawful orders, are presumed to be legal by our service members. You can’t have a functioning military if there’s disorder and chaos within the ranks, and that’s what these Democrat members were encouraging.”
What Happens Next
The Pentagon has not indicated whether any other legal or administrative actions will be taken against the five other Democratic lawmakers featured in the video. Hegseth said Kelly’s conduct would “be addressed appropriately,” but the timeline of a probe remains unclear.