The Pentagon says that it is investigating Democratic Sen. Mark Kelly of Arizona for possible breaches of military law after Kelly joined a handful of other lawmakers in a video that called for U.S. troops to refuse unlawful orders.
The Pentagon’s statement, which was posted on social media on Monday, cited a federal law that allows retired service members to be recalled to active duty on orders of the defence secretary for possible court-martial or other measures. Kelly served in the U.S. navy as a fighter pilot before going on to become an astronaut. He retired at the rank of captain.
It is extraordinary for the Pentagon to directly threaten a sitting member of Congress with investigation. Up until U.S. President Donald Trump’s second term, it would normally go out of its way to act and appear apolitical
In its statement, the Pentagon suggested 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.
Kelly said he upheld his oath to the Constitution and dismissed the Pentagon investigation as the work of “bullies.”
“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 said in a statement.
Kelly was one of six lawmakers who served in the military or intelligence community to speak “directly to members of the military.”
The other lawmakers are Sen. Elissa Slotkin and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan, who are seen as possible future aspirants for higher office and elevated their political profiles with the video’s wide exposure.
Kelly told troops that “you can refuse illegal orders,” while other lawmakers in the video said they needed troops to “stand up for our laws … our Constitution.”
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” U.S. Defence Secretary Pete said on his personal X account. Of the wider group, he added that “their foolish screed sows doubt and confusion — which only puts our warriors in danger.”
Kelly and the other lawmakers didn’t mention specific circumstances in the video, but its release comes as the Trump administration has ordered the military to blow up small boats in the Caribbean Sea and eastern Pacific Ocean accused of ferrying drugs and continues its attempts at deploying National Guard troops into U.S. cities despite some legal setbacks.
