Trump administration targets former NASA astronaut Mark Kelly over ‘illegal orders’ video

The Trump administration has former NASA astronaut Mark Kelly in its crosshairs.

Mark Kelly, who has represented Arizona in the U.S. Senate since 2020, is one of six Democratic lawmakers who participated in a 90-second video reminding members of the military and intelligence communities not to obey illegal orders.

That video drew the ire of President Donald Trump, who deemed it traitorous.

“SEDITIOUS BEHAVIOR, punishable by DEATH!” Trump said in a Nov. 20 post on Truth Social, the social media site he owns. (Capitalization his.)

“THE TRAITORS THAT TOLD THE MILITARY TO DISOBEY MY ORDERS SHOULD BE IN JAIL RIGHT NOW, NOT ROAMING THE FAKE NEWS NETWORKS TRYING TO EXPLAIN THAT WHAT THEY SAID WAS OK. IT WASN’T, AND NEVER WILL BE! IT WAS SEDITION AT THE HIGHEST LEVEL, AND SEDITION IS A MAJOR CRIME. THERE CAN BE NO OTHER INTERPRETATION OF WHAT THEY SAID!” he added in a Nov. 22 post.

This may not be an idle threat. On Monday (Nov. 24), the Pentagon announced that it’s investigating Kelly, a former fighter pilot and captain in the U.S. Navy who flew 39 combat missions in Operation Desert Storm.

“The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.),” Pentagon officials said Monday via X, the social media site owned by billionaire SpaceX founder and CEO Elon Musk. (In September, Trump issued an executive order directing military leaders to use the term “Department of War,” but “Department of Defense” remains the organization’s legal name.)

“In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures,” the Monday X post continues. “This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.”

Kelly, meanwhile, defended himself on social media, referencing his military and astronaut experience:

Defenders of Kelly and the other five people who spoke in the video — Reps. Jason Crow of Colorado, Chris DeLuzio and Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire and Sen. Elissa Slotkin of Michigan — argue that they’re simply urging adherence to the Uniform Code of Military Justice. That code, after all, states that military personnel are duty-bound to disobey illegal orders.

“Sedition is trying to overthrow the government with force or violence,” Eric Carpenter, a professor at Florida International University College of Law, told FactCheck.org. “In the video, the elected officials are just telling service members to follow the law. They are not telling service members to overthrow the government.”

Kelly — who flew on four space shuttle missions between 2001 and 2011 and is the twin brother of former NASA astronaut Scott Kelly — is not backing down.

“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,” he said via X on Monday. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”