Pentagon Threatens to Recall Sen. Mark Kelly for Court-Martial Over ‘Illegal Orders’ Video

The Pentagon has launched a rare investigation into Democratic Senator and retired Navy captain Mark Kelly over a video in which he and other lawmakers told U.S. troops they can refuse “illegal orders.” Officials say Kelly could even be recalled to active duty for potential court-martial, an almost unprecedented step. The probe comes amid heightened political tension, with President Trump accusing the lawmakers of “sedition.”

This video explains what the Pentagon said, why Kelly is under scrutiny, and what this means for civil-military relations.

#MarkKelly #Pentagon #CourtMartial #USMilitary #TrumpNews #USPolitics #BreakingNews #Congress #MilitaryLaw

Transcript

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.

Pentagon Threatens to Recall Sen. Mark Kelly for Court-Martial Over ‘Illegal Orders’ Video | APT

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