Sen. Mark Kelly Under Pentagon Investigation Over Video Urging Troops to Defy ‘Illegal Orders’
Sen. Mark Kelly (D-Ariz.) is facing a Pentagon investigation following allegations that he engaged in misconduct, the Department of Defense announced on November 24
“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 Pentagon said in a statement. “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, 61, a former U.S. Navy officer and astronaut, won his Senate seat representing Arizona in 2020. He told media outlets, “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.”
The allegations stem from a video in which Kelly was one of six lawmakers who suggested that members of the military can or should refuse illegal orders. While the specific nature of the claims has not been disclosed, Kelly explained during interviews that the video’s message was simply that military personnel should not, and cannot, follow unlawful orders.
During the discussion, Kelly cited past reports that former President Donald Trump allegedly wanted protesters shot in the legs during his first term, noting that he and colleagues were concerned about some of Trump’s rhetoric.
Other lawmakers featured in the video, including Sen. Elissa Slotkin (D-Mich.) and Rep. Jason Crow (D-Colo.), clarified that the goal was to warn service members about illegal orders and to encourage them to consult their superiors rather than blindly follow unlawful directives. Crow, a former Army Ranger and paratrooper, emphasized that waiting for an unlawful order to occur would be too late and that discussions about distinguishing legal from illegal orders were necessary.
The Pentagon also reminded the public that military retirees remain subject to the Uniform Code of Military Justice and federal law, which prohibits interfering with or undermining the loyalty, morale, or discipline of U.S. armed forces. Violations can carry penalties of up to 10 years in prison.
The comments have drawn criticism from prominent figures, including Vice President JD Vance, who said on X that urging troops to defy the president is itself illegal if no unlawful orders were given. Treasury Secretary Scott Bessent called the action “gross negligence,” warning that disrupting the chain of command only aids U.S. adversaries.
Former President Trump added that the lawmakers should face charges of sedition over their actions.
