US Defense Secretary Pete Hegseth on Tuesday urged the Navy to investigate and decide by December 10 how it will respond to statements by retired captain and Democratic Senator Mark Kelly, who called for disobeying any illegal orders in the context of the deadly attacks on vessels carrying suspected drug traffickers in the Caribbean and Pacific.
“The Department of War recently received information regarding potentially illegal comments made by Captain (Retired) Mark E. Kelly in a public video on or about November 18, 2025. I am referring this matter, and any related matters, for your review, consideration, and decision as you deem appropriate,” reads the letter signed by Hegseth and released by his department on the social media platform X.
In this regard, he has urged Secretary of the Navy John Phelan to send him “a summary of the outcome of his review no later than December 10.”
Kelly and five other members of Congress—Elissa Slotkin, Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan—called on U.S. service members to “refuse illegal orders” in a video. “No one has to follow orders that are contrary to the law or our Constitution (…). Know that we support you. Don’t abandon ship,” they said.
Following the release of the video, US President Donald Trump called Kelly and the other congressmen appearing in the recording “traitors” and attributed “seditious behavior punishable by death” to them. For its part, the Pentagon opened a procedure on Monday to “determine the actions to be taken, which may include recall to active duty for a court-martial or administrative measures,” according to a statement released by the Department on social media.
Kelly served in the US Navy and retired with the rank of captain. He served two tours in the Persian Gulf and has also been an instructor at the Naval Pilot School. He would only be subject to the Uniform Code of Military Justice if he were recalled to active duty as a reservist.
His statements came amid the deaths of at least 83 people in recent weeks in US military attacks against alleged drug traffickers’ boats in Caribbean and Pacific waters, actions condemned by the UN and human rights organizations as extrajudicial executions.
