Pentagon Launches Investigation into Senator Mark Kelly over Video Urging Troops to Defy ‘Illegal’ Orders

The Pentagon launched a misconduct investigation into Senator Mark Kelly (D., Ariz.) after he appeared in a video released online encouraging active service members to ignore and defy what Kelly and fellow participating lawmakers called “illegal orders.”

Kelly previously served as a Navy fighter pilot, as well as an astronaut, before retiring at the rank of captain. Retired service members are still held to the Uniform Code of Military Justice, the Pentagon statement clarifies, which means a retired member can be called back to active duty for court-martial proceedings or administrative duties, though it is highly unusual for the Pentagon to investigate a sitting lawmaker for something they said.

The investigation was initiated because federal law “prohibit[s] actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces,” the Pentagon statement said, in reference to the video.

Kelly, along with five other lawmakers with either military or intelligence backgrounds, urged U.S. troops to ignore and refuse orders from the Trump administration.

“The threats to our Constitution aren’t just coming from abroad, but from right here at home,” the video said. “Our laws are clear, you can refuse illegal orders.”

Other lawmakers in the video include Senator Elissa Slotkin (D., Mich.) and  Representatives Chris Deluzio (D., Pa.), Maggie Goodlander (D., N.H.), Chrissy Houlahan (D., Pa.), and Jason Crow (D., Colo.).

“All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful,” the Pentagon’s statement reads. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”

Trump accused the lawmakers behind the video of exhibiting “seditious behavior” in a Truth Social post last week and argued that they should be tried for treason.

“Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL,” Trump wrote, later adding that the behavior was “punishable by DEATH!” and resharing a post proclaiming: “HANG THEM GEORGE WASHINGTON WOULD !!”

Trump denied that he was calling for the lawmakers to face the death penalty during an appearance on Fox News on Friday.

“These are bad people. These are people that, in my opinion, broke the law. Now, what happens to them? I can’t tell you, but they broke the law,” Trump said.

“I’m not threatening death, but I think they’re in serious trouble. In the old days, it was death … That was seditious behavior, that was a big deal. You know, nothing’s a big deal, today’s a different world,” he said.