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.“