Arizona Senator Mark Kelly addresses Pentagon investigation

PHOENIX - Arizona Senator Mark Kelly held a news conference on Capitol Hill on Dec. 1 to address Pentagon's investigation against him that was announced last week.

The backstory:

On Nov. 24, the Pentagon said its investigating Sen. Kelly for possibly breaching military law.

The Pentagon's statement cited a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures. Kelly served in the U.S. Navy as a fighter pilot before going on to become an astronaut. He retired at the rank of captain.

"All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful.  A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order," the Pentagon said in a social media post.

Dig deeper:

The Associated Press states that the announcement came after Sen. Kelly joined five other Democratic lawmakers in a video, where they told members of the military that they can "refuse illegal orders."

The clip, approximately 1 minute and 30 seconds long, includes various statements from veterans now serving in Congress speaking to the armed forces warning the Trump Administration "is pitting our uniformed military and intelligence community professionals against American citizens."

"You can refuse illegal orders," Sen. Elissa Slotkin (D-Mich.) said in the video. "No one has to carry out orders that violate the law."

It ends with a military phrase saying, "don't give up the ship."

In response to the video, President Donald Trump labeled the recording "SEDITIOUS BEHAVIOR" that's "punishable by DEATH!"

"It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand - We won’t have a Country anymore!!! An example MUST BE SET. President DJT," read a post made by President Trump on TruthSocial.

Both Sen. Kelly and Arizona's other Senator, Ruben Gallego, criticized the investigation when it was announced.

"Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death," Sen. Kelly said on X. "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. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."

In his response to the Pentagon's statement on the investigation, Sen. Gallego said, "[expletive] you and your investigation."

What they're saying:

Sen. Mark Kelly on Monday defended his advice to troops to refuse unlawful orders, an action many believe referred to recent military strikes on suspected drug boats ordered by Defense Secretary Pete Hegseth.

At a news conference, Kelly, D-Ariz., shifted the focus, calling for an investigation into Hegseth.

"I have about zero confidence in the secretary of defense," Kelly said.

Kelly contended Hegseth should be investigated by the Department of Defense's Inspector General, saying, "We are a country of laws; we got to hold people accountable."

The controversy stems from 21 known strikes Hegseth ordered in international waters over the last few months. A recent Washington Post report alleged an additional, post-incident strike was ordered after survivors were already in the water.

The White House defended the strikes, saying they were legal and conducted in accordance with the law of armed conflict. White House Press Secretary Karoline Leavitt noted that 13 bipartisan briefings and document reviews have been offered to Congress, including a classified Department of Justice Office of Legal Counsel opinion.

Hegseth's office is reportedly investigating Kelly because he is the only one in the video who formally retired from the military, placing him under the Pentagon's jurisdiction.

"We said something that is in the military code of justice, according to the law of armed combat," Kelly said.

Arizona Gov. Katie Hobbs, D-Ariz., has weighed in, calling the Pentagon's investigation into Kelly "an attack on freedom of speech" and a "ridiculous distraction."