In a statement posted on social media, the Pentagon refers to a federal law that allows retired military personnel to be recalled to active duty by order of the Secretary of Defense in the event of a possible case for trial by military court or through other means.
Kelly served as a fighter pilot and later became an astronaut. By the time he retired from the military, he had reached the rank of captain.
Extremely unusual
That the Pentagon, which up until Trump's second term had been keen to act and appear apolitical, is threatening a sitting congressman through an investigation is extremely unusual.
The Pentagon statement claims that Kelly's comments in the video infringe on "the loyalty, morale, or order and discipline of the armed forces."
Defense Minister Pete Hegseth writes in a post on his personal X account:
“Kelly’s conduct brings the armed forces into disrepute and will be addressed appropriately.”
“Punishable by death”
In the video clip in question, Mark Kelly and the five other Democrats in Congress called on all veterans, US military personnel and intelligence employees to "refuse to carry out illegal orders."
No one must carry out orders that violate the law or our constitution, they said, among other things.
A few days after it was published, Trump commented on the proceedings in threatening terms via his Truth Social platform.
“Lock them up???,” Trump wrote, continuing in another post:
“Seditious behavior, punishable by death!”




