The video was released last week. It includes six Democratic lawmakers who previously held positions in the military and intelligence services: Kelly, Representatives Chris DeLuzio and Chrissy Houlahan of Pennsylvania, Representative Maggie Goodlander of New Hampshire, Representative Jason Crow of Colorado and Senator Elissa Slotkin of Michigan.
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Slotkin wrote on X in a post accompanying the video that he wanted to “speak directly to members of the military and intelligence community.”
Slotkin wrote, “The American people need you to stand up for our laws and our Constitution. Don’t abandon ship.”
We want to speak directly to members of the military and intelligence community.
The American people need you to stand up for our laws and our Constitution.
Don’t abandon ship. pic.twitter.com/N8lW0EpQ7r
– Senator Elissa Slotkin (@SenatorSlotkin) 18 November 2025
In the video, the lawmakers said citizens’ trust in the US military and intelligence agencies is “at risk.”
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the lawmakers said.
“Like us, you all have taken an oath to protect and defend this Constitution. Right now, the threat to our Constitution is coming not just from abroad but at home,” the video said.
“Our laws are clear: You can refuse illegal orders.”
In response to the video, the Pentagon has announced an investigation into alleged violations of military law by Kelly, a former Navy captain, an unusual move against retired military personnel.
According to the US manual for courts-martial, which outlines conduct in the military: “An order requiring the performance of a military duty or task may be considered lawful and is disobeyed at the peril of the subordinate.”
However, this presumption does not apply if an order is contrary to the Constitution or U.S. law, is given by an officer without the authority to issue it, or is “patently illegal”, such as ordering the commission of a crime.
Here’s everything we know:
Who is Mark Kelly?
The senator from Arizona is a former senior Navy officer and pilot who flew combat missions in the first Gulf War.
In 2001, Kelly became an astronaut and flew four Space Shuttle missions over a decade, two of which were as commander.
In 2011, Kelly retired as a captain, the rank just below rear admiral.
In her first Senate campaign in 2020, Kelly finished the term of Republican Senator John McCain, who died in office. Two years later, Kelly was re-elected to a full term. In the Senate he has focused on national security and the military.
Is Kelly right about ‘illegal orders’?
According to Bruce Fein, a lawyer specializing in constitutional and international law and who served as Associate Deputy Attorney General at the Justice Department under former President Ronald Reagan, Kelly was “simply echoing the law”.
“(For example) a member of the United States Armed Forces is required to disobey a clearly illegal order of his superior. There is no ‘following orders’ defense,” Fein told Al Jazeera.
He said, “Lieutenant William Kelly was convicted of war crimes for the (1968) My Lai massacre against civilians in Vietnam. His ‘following orders’ defense was rejected.”
So what is the Pentagon investigation about?
In a statement posted on Twitter on Monday, the Pentagon said it had received “serious allegations of misconduct” against Kelly, finding that the video had interfered with “the loyalty, morale, or good order and discipline of the armed forces.”
“A thorough review of these allegations has been initiated to determine further action, which may include recall to active duty pending court-martial proceedings or administrative measures. This matter will be handled in compliance with military law while ensuring due process and fairness,” the statement said.
“All service members are reminded that they have a legal obligation under the UCMJ (Uniform Code of Military Justice) to obey lawful orders and that orders are to be lawful. A service member’s personal philosophy does not justify or excuse disobedience to an otherwise lawful order,” it said.
The same day, Defense Secretary Pete Hegseth wrote on Twitter that the “traitorous six” MPs in the video were “disgusting, reckless and false”.
“Encouraging our warfighters to ignore orders from their commanders undermines every aspect of ‘good order and discipline.’ His reckless approach creates suspicion and confusion – which only puts our warfighters at risk,” Hegseth said, adding that only Kelly falls under the Department of Defense’s jurisdiction.
“Kelly’s conduct brings disrepute to the armed forces and will be addressed appropriately,” Hegseth said.
While all six lawmakers served in the military or intelligence agencies, Kelly is the only one who has formally retired from the military, meaning he could still be recalled to active duty or face court martial for misconduct.
What has Kelly said about the action against him?
In a post on Twitter on Monday, Kelly wrote that he “took the oath to the Constitution in 1986.”
He said, “I have maintained this during 25 years of service and every day since retiring. If (President Donald) Trump is trying to intimidate me, it won’t work. I have given too much for our country to be silenced by bullies who care more about power than the Constitution.”
In a post last week, Kelly wrote that “a missile was detonated next to my airplane, shot at dozens of times by anti-aircraft fire, and launched into orbit – all for my country”.
He said, “I never thought I would be calling on the President to call for my execution. Trump doesn’t understand the Constitution and we are all less safe for it.”
What has Trump said?
In a post on his Truth social platform last week, the president wrote that the video was “really bad and dangerous to our country.”
“Traitorous behavior of traitors!!!” He said. In a separate post, Trump said it was “treasonous conduct punishable by death”.
But a day after his comments, Trump told Fox News that he was not making death threats, but that Democrats were in “serious trouble.”
When asked to what extent the Trump administration could realistically take its own actions against Kelly, Fein said it could “harass Kelly with bogus investigations or charges”.
Why is the Trump administration paying attention to this?
The outrage over the video comes as the US military is attacking ships that the Trump administration has accused of carrying drugs.
At least 83 people have been killed in the attacks in the Pacific Ocean and Caribbean Sea.
In late October, Democrats on the Senate Judiciary Committee called on the Department of Justice (DOJ) to hand over all legal opinions on the legality of the military strikes.
“In short, executing criminal suspects is prohibited under domestic and international law in both peacetime and wartime,” the Reuters news agency said in a letter to Attorney General Pam Bondi.
But two weeks ago, a DOJ memo said service members could not be prosecuted for killings.
“The strikes were ordered consistent with the laws of armed conflict, and are lawful orders. Military personnel are legally bound to follow lawful orders and, as such, cannot be prosecuted for following lawful orders,” US political website The Hill reported, citing a statement from a DOJ spokesperson.
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