The Defense Department threatened Monday to recall Senator Mark Kelly to active duty so he can face court-martial proceedings.
The move comes after Kelly, a retired naval officer and former astronaut, appeared in a video urging U.S. service members to refuse “illegal orders.”
President Donald Trump seized on the video last week and accused Kelly and the five other Democrats in it of sedition, “punishable by death.” He also reposted “hang them,” sparking widespread outrage that he was calling for their executions.
Trump on Friday denied he was threatening them to be killed despite his posts, but said they were in “serious trouble.”
The White House said the Pentagon and Justice Department would decide if it was punishable by law.
The Defense Department said in a statement Monday that it had received “serious allegations of misconduct against Captain Mark Kelly, USN (Ret.).”
It said 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.”
As a retired Naval officer with more than 20 years service on active duty, Kelly is subject to being recalled to his post and could then be subject to court marital.
The Pentagon also said that the matter will be handled “in compliance with military law, ensuring due process and impartiality.”
It was reposted by Defense Secretary Pete Hegseth who slammed what he called the “Seditious Six” and called the video “despicable, reckless, and false.”
“Their foolish screed sows doubt and confusion — which only puts our warriors in danger," Hegseth wrote.
In a statement on Monday, Kelly touted his long service record and said he swore an oath to the Constitution.
“Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death,” Kelly said.
“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. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” he added.
His fellow Democratic Arizona Senator Ruben Gallego, who is a veteran but was not in the video had a less diplomatic response. He posted on X “F*** you and your investigation.”
On Sunday, Kelly defended his participation in the video and its message and slammed the president’s posts.
“All we said is we reiterated what basically is the rule of law that members of the military should not, cannot follow illegal orders,” Kelly told Face the Nation.
Besides Kelly, others in the video include Sen. Elissa Slotkin as well as Reps. Chrissy Houlahan, Chris Deluzio, Maggie Goodlander, and Jason Crow.
In the video, they speak directly to U.S. service members and the intelligence community, reminding them that they took an oath to the U.S. Constitution and that they “can refuse illegal orders.”
The group warned that the threats to the Constitution are not just coming from abroad but from home and urged them to “not give up the ship,” but they did not specify what they considered an illegal order.
Trump responded with a series of posts in which he wrote their words “cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???” and then “SEDITIOUS BEHAVIOR, punishable by DEATH!” no Truth Social on Thursday.
Democratic Party leaders accused the president of calling for political violence, while the six lawmakers released a statement saying they would not be intimidated by threats.
Asked about it during the White House press briefing hours later, Press Secretary Karoline Leavitt insisted Trump was not calling for their executions.
“In the old days, if you said a thing like that that was punishable by death,” Trump said in a radio interview on Friday. “I’m not threatening them, but I think they’re in serious trouble.”
On Saturday, the president continued to rage with an all-caps post in which he ranted that the “TRAITORS THAT TOLD THE MILITARY TO DISOBEY MY ORDERS SHOULD BE IN JAIL RIGHT NOW” and complained they should not be allowed to go on TV to explain.
“IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME. THERE CAN BE NO OTHER INTERPRETATION OF WHAT THEY SAID!” Trump posted.
On Monday, White House Press Secretary Karoline Leavitt said the White House supports the Defense Department probe.
