Hegseth’s Threat to Court-Martial Kelly Draws Bipartisan Fury, Raising Alarms Over Military Politicization

By Helene Cooper and C.J. Chivers The New York Times November 24, 2025

WASHINGTON — Defense Secretary Pete Hegseth ignited a national firestorm Monday by announcing a Pentagon investigation into Senator Mark Kelly, a retired Navy captain and combat veteran, for a video urging troops to refuse “illegal orders” — a probe that could lead to recalling the Arizona Democrat to active duty for court-martial, prompting accusations of authoritarian overreach and threats to the military’s nonpartisan tradition.

The extraordinary move, detailed in a terse Department of Defense statement posted to X, targets Mr. Kelly as the sole participant in the November 18 video still subject to the Uniform Code of Military Justice due to his retirement status. “The Department has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.),” the statement read. “A thorough review has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures.” Mr. Hegseth, a Fox News veteran and Trump loyalist confirmed in February, amplified the announcement on X, slamming the video as a “foolish screed” that “sows doubt and confusion — which only puts our warriors in danger.”

The video, released by the “Seditious Six” — a group of Democratic lawmakers including Senators Elissa Slotkin of Michigan and Representatives Abigail Spanberger of Virginia — reminded servicemembers of their oath to the Constitution over any individual. Mr. Kelly, a decorated Navy fighter pilot who flew 39 combat missions over Iraq and later commanded space shuttle Endeavour, stated: “Our laws are clear: You can refuse illegal orders.” The clip, viewed 4.2 million times, was a direct response to Mr. Trump’s repeated calls for military action against domestic “enemies,” including threats to deploy troops against protesters and deport millions without due process.

Mr. Kelly, 61, dismissed the probe as intimidation. “This is the first I’ve heard of it,” he said in a statement on X, adding: “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.” Appearing on CBS’s “Face the Nation” Sunday, he noted the video had drawn death threats, exacerbated by Mr. Trump’s posts labeling it “seditious behavior at the highest level” and “punishable by death” — remarks the president later walked back as “not threatening death, but serious trouble.”

The announcement has sparked bipartisan outrage, with legal experts warning of a dangerous precedent. Steve Vladeck, a Georgetown Law professor, called it “constitutionally viable but politically radioactive,” noting appellate courts have upheld court-martials for retirees but emphasizing the military’s apolitical ethos. “This isn’t justice — it’s a loyalty test,” Mr. Vladeck said on CNN. “Recalling a sitting senator for a video reminding troops of their oath? That’s not compliance with military law; that’s weaponizing it.”

Democrats erupted. Senate Majority Leader Chuck Schumer demanded a full Senate Armed Services Committee hearing, tweeting: “Hegseth’s threat against a war hero senator is un-American and unconstitutional. This is what happens when you put Fox News hosts in charge of the Pentagon.” Representative Adam Smith of Washington, the committee’s ranking Democrat, called it “authoritarian theater” on MSNBC: “Kelly flew combat missions; Hegseth hosted a TV show. Who’s the real threat to our troops?” Even some Republicans distanced themselves: Senator Susan Collins of Maine said in a statement: “Investigating a veteran for upholding the Constitution sets a dangerous precedent. Due process must prevail.”

The probe, which Mr. Hegseth framed as ensuring “due process and impartiality,” leverages 10 U.S.C. § 688, allowing recall of retirees for misconduct. But critics argue it violates the Speech or Debate Clause, shielding lawmakers from prosecution for legislative speech. “Kelly wasn’t advising troops as a captain; he was speaking as a senator,” said Barbara McQuade, a former U.S. attorney. “This is retaliation for oversight — pure and simple.”

White House press secretary Karoline Leavitt defended the action during Monday’s briefing, calling the video “reckless and false” and insisting it endangers troops. But behind closed doors, aides described a scramble: Mr. Trump, watching the backlash unfold, reportedly placed calls to Mr. Hegseth demanding “aggressive follow-through,” while communications teams drafted defenses framing Mr. Kelly as a “deep-state operative.” The president amplified the feud on Truth Social: “Traitor Kelly and his Seditious Six sow division — Hegseth is RIGHT to investigate! Punishable by court-martial. #MAGA.”

The online eruption has been swift. #StandWithKelly trended with 8.7 million posts, spawning TikTok duets of Mr. Kelly’s video over clips of Mr. Trump’s threats. Late-night host Jimmy Kimmel replayed the announcement, quipping: “Hegseth wants to court-martial a Navy hero for saying ‘follow the Constitution’? That’s not leadership — that’s lunacy with a side of Fox News.” A Quinnipiac poll released Monday showed Mr. Trump’s approval at 38 percent — a low — with veterans disapproving by 55 percent, citing “politicization of the military.”

Mr. Kelly, a 25-year Navy veteran who flew 39 combat missions and commanded space shuttle Endeavour, has faced increased threats since the video, including doxxing of his family. “I swore an oath to the Constitution when I commissioned at 22,” he said on CBS. “That hasn’t changed.” His wife, former Representative Gabby Giffords, shot in a 2011 assassination attempt, tweeted: “Mark served with honor. Threats won’t silence him — or us.”

The showdown highlights Mr. Hegseth’s turbulent tenure. Confirmed 52-48 in February amid scandals — including a 2017 sexual assault allegation he settled out of court — the Fox News alum has purged 200 senior officers deemed “disloyal” and floated loyalty oaths. Critics like Senator Jack Reed, Armed Services ranking Democrat, called the probe “a blatant abuse of power”: “Recalling a senator for constitutional speech? This is what happens when you put a TV host in charge of our troops.”

As the review unfolds — with potential court-martial under UCMJ Article 88 for contempt toward superiors — legal experts predict challenges. “The Speech or Debate Clause likely shields him,” said Vladeck. “But the threat alone chills dissent.” In a military sworn to apolitical service, Mr. Hegseth’s escalation risks eroding trust at the worst moment: amid Ukraine aid debates and domestic unrest.

For Mr. Kelly, the probe is personal. “I’ve stared down missiles in combat,” he said. “I won’t back down from bullies in D.C.” As national outrage swells — with #DefendKelly surpassing 10 million posts — the senator’s stand may galvanize opposition, turning a routine video into a referendum on loyalty versus law.