WASHINGTON – As US Sen. Mark Kelly charged that President Donald Trump was sending a “message” that Americans could not criticize his government, the Pentagon last week opened an investigation into the Arizona Democrat that could include recalling him to active duty for court-martial proceedings.
“They’re trying to send a message to retired service members, government employees, members of the military, elected officials, and all Americans who are thinking about speaking out, you better keep your mouth shut, or else,” Kelly, a retired U.S. Navy captain, said at a Dec. 1 news conference on Capitol Hill.
The Pentagon announced last week that it was investigating Kelly for “serious allegations of misconduct.” The move came after Kelly joined a group of Democratic lawmakers who released a video saying service members have the right to disobey orders they deem illegal.
Trump’s War Department confirmed in a post on X last week that it would launch an investigation into Kelly that “could include court-martial proceedings or withdrawal from active duty for administrative measures.” The post cited the Uniform Code of Military Justice, the federal law that outlines the military’s criminal code.
US Sen. Mark Kelly, Democrat of Arizona, speaks during a news conference at the U.S. Capitol on December 1, 2025 in Washington, DC.
However, Kelly said at his press conference that the Trump administration’s public comments were “the only information we have received so far” about a possible court martial. Legal and military experts told USA Today that the case against Kelly faces huge obstacles and will likely be “dead on arrival” in a military court.
“This is a dangerous moment for the United States when the president and his loyalists use all the power of power to silence United States senators for speaking out,” Kelly said.
The FBI last week requested interviews with the Arizona senator and five other Democratic members of Congress who participated in the video.
Shortly after the clip was released, Trump followed a flurry of social media posts calling Democratic lawmakers “treasonous behavior, punishable by death!” Accused. He later told Fox News that he did not believe the lawmakers should be executed but warned that they were in “serious trouble.”
Addressing Trump’s initial social media posts in the video, Kelly claimed the president had “no regard for the rule of law”. But the senator also said he doesn’t plan to sue Trump for his public criticism.
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Kelly also criticized recent US attacks on suspected drug boats, following reports that the US military had struck a vessel in the Caribbean and killed two survivors clinging to the wreckage.
Congress was briefed on the first three strikes, Kelly said. But a member of the Senate Armed Services Committee charged that officials were “tying themselves in knots trying to explain why this whole operation is legal.”
He said he wants officials involved in the strike to come before the committee to present their legal arguments to the American people, including addressing concerns about due process, a guarantee under the 14th Amendment to the Constitution.
The Trump administration is facing increased scrutiny from a bipartisan group of lawmakers after recent strikes, even though the president’s aides say they are national security efforts.
“If there’s anyone who needs to answer questions publicly, and under oath, it’s Pete Hegseth,” Kelly said.
This article originally appeared on USA Today: Mark Kelly calls Trump, Pentagon probe ‘dangerous moment’
