00:00I've been stressed by, you know, things more important than
00:03Donald Trump trying to intimidate me into shutting my mouth and not doing my job.
00:08He didn't like what I said.
00:15The Pentagon has launched a highly unusual investigation into Democratic Senator Mark Kelly of Arizona
00:21over a video in which he and several other lawmakers told U.S. troops they must refuse illegal orders.
00:30The Pentagon says Kelly may have violated military law due to his status as a retired Navy captain,
00:36which still places him under the Uniform Code of Military Justice.
00:40We want to speak directly to members of the military and the intelligence community.
00:44In a statement posted on social media, the Pentagon cited a federal law that allows retired service members
00:50to be recalled to active duty for potential court-martial or other disciplinary action.
00:56The statement said...
00:58A thorough review of these allegations has been initiated to determine further actions,
01:02which may include recall to active duty for court-martial proceedings or administrative measures.
01:08Until Donald Trump's second presidential term,
01:12the Pentagon generally avoided any appearance of political involvement.
01:16Directly threatening a sitting U.S. senator with possible recall or discipline is almost unheard of.
01:22The investigation also comes after President Trump accused the lawmakers involved in the video of
01:29sedition punishable by death in an incendiary social media post last week.
01:35The Pentagon suggested Kelly's remarks could undermine loyalty, morale or discipline among military personnel.
01:41Mark Kelly, who served as a Navy fighter pilot and later as a NASA astronaut,
01:47was one of six Democratic lawmakers with military or intelligence backgrounds featured in the video.
01:54Mark Kelly, you can refuse illegal orders.
01:57Other lawmakers added that the military must stand up for our laws, our Constitution.
02:02The group included Senator Alyssa Slotkin and Representatives Jason Crow, Chris DiLuzio, Maggie Goodlander and Chrissie Houlihan,
02:11all seen as rising political figures.
02:14It's critical.
02:15And know that we have your back.
02:16Defence Secretary Pete Hegseth said Kelly is the only one under Pentagon jurisdiction
02:22because he is formally retired from the military.
02:26Kelly's conduct brings discredit upon the armed forces and will be addressed appropriately.
02:31Hegseth also criticised the broader group, saying their message
02:36sows doubt and confusion that could put service members at risk.
02:42Senator Kelly rejected the criticism and dismissed the investigation as politically motivated.
02:47If this is meant to intimidate me and other members of Congress from doing our jobs
02:51and holding this administration accountable, it won't work.
02:55He added that he has always upheld his oath to the Constitution.
02:58The lawmakers didn't specify any real-time scenario, but the video's release coincided with the Trump administration
03:07ordering the US military to destroy small boats suspected of ferrying drugs in the Caribbean and Pacific
03:14and continuing efforts to deploy National Guard units into US cities, moves that have faced legal challenges.
03:21Last week, Pentagon spokesman Sean Parnell said...
03:25Our military follows orders, and our civilians give legal orders.
03:31Top Senate Democrats defended Kelly.
03:34Senate Majority Leader Chuck Schumer accused Trump of turning the Pentagon into his personal attack dog.
03:41Kelly's Arizona colleague, Senator Ruben Gallego, said...
03:44Legal scholars say the Pentagon does have the authority, at least on paper, to court-martial retired service members.
03:58Professor Stephen Vladek, via the Associated Press, said there has been...
04:03A quiet but significant uptick in such cases.
04:07But others argue the investigation could violate constitutional protections.
04:12Anthony Michael Kreis, a constitutional law professor in an interview, said...
04:16Having a United States senator subject to discipline at the behest of the Secretary of Defense
04:22and the President violates a core principle of legislative independence.
04:27He argued the Constitution was designed specifically to stop this type of executive interference.
04:32Legally, troops can refuse unlawful orders.
04:38Commanders can consult military attorneys, while rank-and-file troops often rely on their chain of command.
04:44Historical precedent, from the Nuremberg trials, confirms that just following orders is not an acceptable defense for illegal actions.
04:52But analysts say the lawmaker's video may not even reach many troops.
04:56It was posted only on X, and was too long for platforms commonly used by younger service members, such as TikTok.
05:04Former Navy.
05:05Former paratrooper and army ranger.
05:07Former intelligence officer.
05:08Former Air Force.
05:09We want to speak directly to members of the military.
05:12And the intelligence community.
05:13Who take risks each day.
05:14To keep Americans safe.
05:15Have a great day.
05:39We'll see you next time.
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