According to the Pentagon, an investigation is underway concerning Democratic Senator Mark Kelly from Arizona for potential violations of military law, following his participation in a video alongside several lawmakers urging U.S. troops to disobey unlawful orders.
The Pentagon released a statement on social media on Monday referencing a federal statute that permits the recall of retired military personnel to active duty by order of the defense secretary, which may lead to court-martial proceedings or other actions. Kelly, who served as a fighter pilot in the U.S. Navy before transitioning to an astronaut career, retired with the rank of captain.
It is quite unusual for the Pentagon to explicitly threaten a sitting Congressional member with an investigation. Traditionally, the Pentagon has attempted to maintain a nonpartisan stance, particularly before the second term of U.S. President Donald Trump.
In its announcement, the Pentagon indicated that Kelly’s remarks in the video could undermine the “loyalty, morale, or good order and discipline of the armed forces,” referencing the federal law that forbids such conduct.
“A comprehensive review of these claims has been initiated to assess subsequent actions, which may involve recalling him to active duty for potential court-martial proceedings or other administrative actions,” the statement noted.
In response, Kelly asserted that he remains committed to his oath to the Constitution and referred to the Pentagon’s investigation as the actions of “bullies.”
“If this aims to intimidate me and my fellow Congress members from fulfilling our responsibilities and holding this administration accountable, it will not succeed,” Kelly stated.
Kelly was among six lawmakers with military or intelligence backgrounds who addressed “members of the military directly.”
The other lawmakers include Senator Elissa Slotkin and Representatives Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan, all of whom are viewed as potential candidates for higher office, bolstered by the broad visibility of the video.
In the video, Kelly informed troops that “you can refuse illegal orders,” while other lawmakers emphasized the need for soldiers to “stand up for our laws … our Constitution.”
“Kelly’s actions bring discredit to the armed forces and will be addressed appropriately,” U.S. Defence Secretary Pete mentioned on his personal X account. He added that “their reckless remarks create doubt and confusion — which endangers our warriors.”
Although Kelly and the other lawmakers did not refer to specific situations in the video, its release coincides with the Trump administration’s directive for the military to destroy small vessels in the Caribbean Sea and eastern Pacific Ocean suspected of transporting drugs, as well as ongoing efforts to deploy National Guard troops in U.S. cities despite certain legal obstacles.
U.S. President Donald Trump is accusing six Democratic lawmakers of ‘seditious behaviour,’ which he also said was punishable by death after they appeared in a video calling on military and intelligence personnel not to follow orders that break the law.
Last week, Chief Pentagon spokesperson Sean Parnell stated that “our military adheres to orders, and our civilians issue lawful commands.”
Hegseth noted that Kelly is under investigation as he is the only one among the lawmakers who has officially retired from the military and remains subject to the Pentagon’s authority.
Other Senate Democrats rallied to support Kelly, with Democratic Leader Chuck Schumer accusing Trump of utilizing the Pentagon “as his personal attack dog,” asserting that “this is how dictators behave.”
Troops can reject unlawful orders
Kelly’s position as a U.S. senator may complicate the Pentagon’s investigation since the Constitution explicitly protects members of Congress from executive overreach, according to Anthony Michael Kreis, a constitutional law professor at Georgia State University.
“Subjecting a United States senator to discipline at the request of the secretary of defense and the president — that undermines a fundamental principle of legislative independence,” Kreis explained in a phone interview with The Associated Press.
Military personnel, particularly uniformed leaders, are obligated to refuse any orders deemed unlawful, should they make such a determination.
While commanders have military attorneys available for consultation to help make such decisions, regular troops who are assigned to execute those orders rarely have similar resources and often depend on their superiors.
