In 2025 Mark Kelly appeared in a video reminding military members that they could refuse unlawful orders, which led to criticism from U.S. Pres. Donald Trump and Secretary of Defense Pete Hegseth. Hegseth ordered a review of Kelly’s actions, which could potentially lead to a demotion that would affect his U.S. Navy pension.
In February 2026, a grand jury in Washington, D.C., refused to indict Kelly and the other lawmakers who made the video on charges that they violated a statute that prohibits interfering with the loyalty, morale or discipline of the military. It is highly unusual for a grand jury to reject an indictment bid presented by federal prosecutors.