The US Department of Defense announced Monday that it had opened an investigation into Democratic Senator Mark Kelly, and threatened him with a court-martial for calling on the military to disobey “illegal orders” from the White House. Why such lawsuits?
How did the affair start?
Last week, six elected members of the Democratic Party posted a joint video on social media in which they warned the American military that it could disobey if it received illegal orders.
Trump demands the arrest and trial of six Democratic members of Congress over a viral video urging troops to refuse illegal orders, calling their actions seditious and punishable by death in Truth Social. pic.twitter.com/FvDNjk1ei3
— Ground News (@Ground_app) November 20, 2025
“This administration pitted our military and intelligence professionals in uniform against American citizens,” these six deputies and senators recalled. Currently, threats to our constitution do not only come from abroad, but also from within our country. Our laws are clear. You can reject illegal orders. You must refuse illegal orders. No one is required to carry out orders that violate the law or our Constitution. »
What illegal orders are they talking about?
In their videos, Democratic elected officials did not specify which orders they were referring to, but Donald Trump and Pete Hegseth were criticized for their use of the armed forces. The US President ordered the deployment of the National Guard in several Democratic Party cities, including Los Angeles and Washington, against the wishes of local governments.
In recent weeks, the United States has also carried out around two dozen attacks in the Caribbean and Pacific on ships accused – without providing evidence – of transporting drugs, resulting in at least 83 casualties. Army officials have also left their posts recently, including Admiral Alvin Holsey, who was responsible for operations in this region of the world.
Who are these six elected members of the Democratic Party?
These six elected officials are senators Elissa Slotkin (Michigan) and Mark Kelly (Arizona), and their representatives (deputy) Jason Crow (Colorado), Chris Deluzio (Pennsylvania), Chrissy Houlahan (Pennsylvania) and Maggie Goodlander (New Hampshire). All six have the distinction of having served in some army or intelligence corps, in the Navy, Navy or even the CIA.
How did the affair escalate?
It was Donald Trump’s intervention that changed everything. On his social network Truth, the American president posted a message a few hours after the publication of this video that cannot be interpreted in any way: “Seditious behavior, punishable by death!” » He repeated it on Saturday: “The traitors who told the Army not to obey my orders must be jailed now. »
After the President of the United States, conservatives have put themselves on a war footing to condemn the words of these elected members of the Democratic Party.
Why is only Mark Kelly on trial?
This Monday, the Pentagon announced that it was pursuing Mark Kelly, senator from Arizona. In a statement published in X, the Pentagon said it had received “serious allegations” regarding the behavior of “Captain Mark Kelly, a retired US Marine.” “A careful review of these allegations has begun to determine what additional actions should be taken,” the ministry continued. Such actions may include recall to active duty for court-martial proceedings or administrative action. »
Among these six elected officials, only Mark Kelly remains under the Pentagon’s military jurisdiction. “Mark Kelly’s conduct brings the armed forces into disrepute and there will be an appropriate response,” said War Minister Pete Hegseth.
Mark Kelly’s profile also puts him at the forefront. Kelly is one of the main figures of the Democratic Party. He had been on the running mate list for Kamala Harris, before Minnesota Governor Tim Walz was elected. He has also been mentioned as a possible presidential candidate for 2028.
What are the risks for Mark Kelly?
The senator from Arizona, who in a press release recalled his years of service in the U.S. Navy, as a fighter pilot who had flown “39 combat missions” during the first Gulf War, then as an astronaut and space shuttle pilot for NASA, was he taking a big risk?
If this investigation is “meant to intimidate me and other members of Congress from doing their jobs and holding the administration accountable, then it will not work,” he said. I have given too much to this country to be silenced by petty bullies who care more about their own power than protecting the Constitution. »
Some experts interviewed argued that they only reaffirmed the rule: the military can disobey unlawful orders. But the Trump administration has argued that the orders are essentially legal because they come from the President or his Secretary of War. But the first goal, intimidation, has been achieved: there is no certainty that others will risk publishing videos like this again in the future.
