The Pentagon says it is investigating the Arizona senator Mark Kelly for possible breaches of military law after the federal lawmaker joined a handful of other Democrats in a video calling for US troops to refuse unlawful orders.
It is extraordinary for the Pentagon to directly threaten a sitting member of Congress with investigation. Until Donald Trump’s second presidency, the institution in charge of the US military had usually strived to appear apolitical.
In a statement on Monday on social media announcing the investigation into Kelly, a veteran, the Pentagon cited a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court martial or other measures. Kelly served in the US navy as a fighter pilot before going on to become an astronaut. He retired at the rank of captain.
The Pentagon’s statement suggested that Kelly’s statements in the video interfered with the “loyalty, morale, or good order and discipline of the armed forces” by citing the federal law that prohibits such actions.
“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 statement said.
In the video that was posted last Tuesday, Kelly was one of six lawmakers who served in the military or intelligence community to speak “directly to members of the military”.
Kelly told troops “you can refuse illegal orders” – and other lawmakers said that they needed troops to “stand up for our laws … our constitution.”
A statement on Monday from Pete Hegseth, Trump’s defense secretary, said Kelly was the only video participant who remained subject to the Uniform Code of Military Justice (UCMJ).
“The video … was despicable, reckless and false,” said the statement from Hegseth, whose defense department has rebranded itself the war department. “Encouraging our warriors to ignore the orders of their commanders undermines every aspect of ‘good order and discipline’.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
A statement issued by Kelly said he learned of the investigation into him when the Pentagon posted about it on social media.
“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,” Kelly’s statement said. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the constitution.”
Kelly’s statement alluded to having experienced combat during his military career as well as having served as an astronaut for the US space agency, Nasa.
“I had a missile blow up next to my jet and flew through anti-aircraft fire to drop bombs on enemy targets,” his statement said. “At Nasa, I launched on a rocket, commanded the space shuttle, and was part of the recovery mission that brought home the bodies of my astronaut classmates who died” during the 2003 Columbia space shuttle explosion.
“I did all of this in service to this country that I love and has given me so much.”
The US Manual for Courts-Martial states that the military requirement to obey orders “does not apply to a patently illegal order, such as one that directs the commission of a crime”.
Nonetheless, Trump reacted furiously to the video in question, writing on his Truth Social platform that Kelly and the others had engaged in “SEDITIOUS BEHAVIOR, punishable by DEATH”. The president also reposted another Truth Social user who wrote, in part, “HANG THEM”.
Active military members in the US – whose oath is to the constitution rather than the president – can indeed face execution for the crime of sedition. Civilians, meanwhile, can be fined and imprisoned for up to 20 years if found to have engaged in seditious conspiracy.
Generally, Republican allies of Trump have supported his response while his philosophical opponents have condemned it.
Kelly has since said Trump’s accusation of sedition made him fearful of his family’s safety, especially after his wife, Gabrielle Giffords, narrowly survived an attempted assassination while she was in Congress and meeting constituents in 2011.
“This kind of language is dangerous, and it’s wrong,” Kelly said on Friday on MS NOW’s Morning Joe, when he also alluded to a number of instances of deadly political violence across the US in recent months.
On Sunday’s edition of Face the Nation, Kelly added: “We’ve heard very little, basically crickets, from Republicans in the United States Congress about what the president has said about hanging members of Congress.”
Since the Pentagon’s announcement of its investigation, several Democratic lawmakers have come to Kelly’s defense.
Arizona’s junior senator, Ruben Gallego, took to X and said: “Fuck you and your investigation.”
In a separate video, Gallego added: “These guys are trying to say that they’re not acting like fascists, they’re not trying to give as much power to this president as a king … They should stop acting like it. Mark Kelly is a patriot, there’s no reason why they’re going after him.”
Meanwhile, Connecticut senator Chris Murphy reposted Kelly’s statement, saying: “Read this. A real American.”
Similarly, Washington senator Patty Murray said: “America needs more patriots like Senator Mark Kelly and fewer miserable cowards like Donald Trump and Pete Hegseth.”
Adam Schiff, California’s senator, wrote on X: “Senator Mark Kelly put his life on the line to serve and defend our nation, always putting the Constitution and his country first. Donald Trump and Pete Hegseth could learn a lot about putting duty before self from Mark and the other brave veterans speaking out.”
Echoing Schiff, Senate minority leader Chuck Schumer said: “Trump is attempting to use the Pentagon as his personal attack dog. Just days after calling for violence against members of Congress. This is what dictators do. I stand with Sen. Kelly, as should any American who doesn’t want to be ruled by a King.”
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