After Trump’s Death Threats, Defense Department Opens Probe into Democratic Sen. Mark Kelly

U.S. Sen. Mark Kelly (D-Ariz.) in Phoenix, Arizona, in 2022. (Photo: Kevin Dietsch/Getty Images)

Days after President Donald Trump called for the execution of a group of Democratic lawmakers, the Department of Defense said Monday it would open a “review” of “serious allegations of misconduct” against Sen. Mark Kelly (D-Ariz.).

Kelly, a decorated Navy veteran and former astronaut, was among six Democratic lawmakers who reminded members of the U.S. military and intelligence community in a video last week that they had sworn an oath to protect and defend the Constitution and had a legal responsibility to refuse unlawful orders.

“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly wrote on social media in response to the Defense Department’s statement.

“I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”

Trump accused the six lawmakers who appeared in the video of “seditious behavior” and called for them to be imprisoned, suggesting in a social media post that their actions were “punishable by DEATH!”

The concept of “seditious behavior” does not exist under U.S. law.

Monday, the Defense Department claimed it had received misconduct allegations against Kelly and would launch a “thorough review” in compliance with military law. 

The department did not specify who made the allegations against the Arizona senator, but said they pertained to 10 U.S.C. § 688, a law barring retired service members from issuing orders to active duty soldiers. It cited another statute criminalizing interference with the “loyalty, morale, or good order and discipline” of the armed forces.

It also specified that its review “may include recall to active duty for court-martial proceedings or administrative measures.”

However, at no point in the Nov. 18 video did Kelly or the other lawmakers issue an order.

“Our laws are clear: You can refuse illegal orders,” Kelly said. 

In response to the video, Trump unleashed a flurry of statements on social media and shared several posts from anonymous users calling for extreme actions against the lawmakers.

“HANG THEM GEORGE WASHINGTON WOULD !!” read one shared by Trump. 

Rep. Jason Crow (D-Colo.), who took part in the video, wrote in a social media post Friday that “threats exploded” against him and his office after Trump’s statements. 

He published a recording of some of the disturbing voice messages he had received, several of which featured callers wishing death on his family. He also said someone made a bomb threat against his district office in Aurora, Colorado.

This story has been updated with additional details throughout.