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Joshua Kastenberg, Professor of Law, University of New Mexico

If tried by court-martial, senator accused of ‘seditious behavior’ would be deprived of several constitutional rights

U.S. Sen. Mark Kelly, D-Ariz., speaks to reporters in Washington, D.C. on Dec. 4, 2025. AP Photo/Kevin Wolf

The Department of Defense in late November 2025 announced that it would investigate U.S. Sen. Mark Kelly, a retired Navy captain and NASA astronaut, for what Secretary of Defense Pete Hegseth has called seditious behavior. The threat of investigation came after Kelly and five other Democrats, all with military backgrounds, released a video reminding U.S. service members they can disobey illegal orders issued by the Trump administration.

“No one has to carry out orders that violate the law, or our Constitution,” the lawmakers said, without specifying the orders the U.S. service members may have received. “Know that we have your back … don’t give up the ship.”

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