A U.S. senator could face a court-martial charge over his participation in a video where he and other lawmakers called on soldiers to question the legality of some of their orders. The Pentagon on Monday announced that it is launching an investigation into Sen. Mark Kelly, D-Ariz., over his participation in a video urging members of the military and the intelligence communities to resist potentially illegal orders.
A statement posted to the department’s official X account says Kelly is facing “serious allegations of misconduct.” In response, Kelly said he won’t be intimidated and accused Secretary of Defense Pete Hegseth and President Donald Trump of caring “more about their own power than protecting the Constitution.”
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What is the Pentagon saying?
According to the Pentagon, Kelly could have violated a section of the Uniform Code of Military Justice (UCMJ) and other federal laws, which “prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”
The original video, posted last week, featured several Democratic lawmakers –– all of whom are military veterans or have worked in national security and intelligence –– including Sens. Kelly and Elissa Slotkin, D-Mich., as well as Reps. Chrissy Houlahan, D-Pa., Jason Crow, D-Colo., and Maggie Goodlander, D-N.H.
“No one has to carry out orders that violate the law or our Constitution,” the lawmakers said in the video, adding, “This administration is pitting our uniformed military and intelligence community professionals against American citizens.”
More specifically, Kelly told the troops that they could “refuse illegal orders.”
Potential court-martial proceedings
The Pentagon’s statement threatens Kelly with potential court-martial proceedings or “administrative measures.” Prior to becoming a senator, Kelly served as a fighter pilot in the U.S. Navy, ascending to the rank of captain. Following that, he became an astronaut.
“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.”
Kelly says he won’t be intimidated
Shortly after the Pentagon released its statement, Kelly posted a response to X. In it, he lists a series of accomplishments from his decades of service, including 39 combat missions in Operation Desert Storm, four space shuttle flights with NASA, and his involvement with the recovery mission following the Columbia shuttle disaster of 2003.
“Secretary Hegseth’s tweet is the first I heard of this,” Kelly said of the Pentagon’s investigation. “I also saw the President’s posts saying I should be arrested, hanged, and put to death. 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 concluded by saying, “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
On Friday, law enforcement authorities investigated bomb threats targeting two other lawmakers who appeared in the video. Those threats did not materialize.
