Updated November 25, 2025 at 5:58 PM EST

Sen. Mark Kelly, D-Ariz., told NPR "it just doesn't make any sense" for him to face a military court-martial after he and other Democratic lawmakers released a video reminding active-duty troops that they do not have to follow illegal orders.

On Monday, the Pentagon announced an investigation into Kelly, a retired U.S. Navy fighter pilot, for possible violations of military law for appearing in the video. The video was published as legal questions swirl around the Trump administration's deployment of National Guard troops to U.S. cities.

While the White House has since walked back the president's remarks calling the Senators' video "seditious behavior, punishable by DEATH," Kelly told All Things Considered he thinks President Trump is "declaring that loyalty to the Constitution is punishable by death."

Listen to the full interview by clicking play on the blue box above.

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