Pentagon Investigating Senator After Video Urging Troops to Defy ‘Illegal Orders’

Sen. Mark Kelly said he would not be intimidated.

Sen. Mark Kelly (D-Ariz.) speaks with reporters while waiting to catch the Senate subway to the Hart Senate Office Building from the U.S. Capitol on July 25, 2024. Kent Nishimura/Getty Images

Sen. Mark Kelly (D-Ariz.) is under investigation after the Department of War received allegations that he engaged in misconduct, the department stated on Nov. 24.

“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 Pentagon said in a statement. “This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.”

Secretary of War Pete Hegseth wrote that the investigation was over Kelly’s appearance in a video in which he and other lawmakers said members of the military can or should “refuse illegal orders.”

“Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion—which only puts our warriors in danger,” Hegseth said.

In a statement to media outlets, Kelly said, “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, 61, once served as an officer in the U.S. Navy. He later became an astronaut and, in 2020, won his bid to represent Arizona in the Senate.

The Pentagon stated that it was also reminding people that military retirees are still subject to the Uniform Code of Military Justice and to a federal law that prohibits people from interfering with or impairing the “loyalty, morale, or discipline of the military or naval forces of the United States.”

Individuals found in violation of the law face up to 10 years in prison.

On Nov. 23, during an appearance on CBS’s “Face the Nation,” Kelly said that all the lawmakers said in the video was “that members of the military should not, cannot follow illegal orders.”

Kelly cited allegations that President Donald Trump wanted, during his first term, to have protesters shot in the legs and said he and colleagues were concerned about some of Trump’s rhetoric.

Sen. Elissa Slotkin (D-Mich.), another one of the lawmakers, said on Nov. 23 on ABC’s “This Week” that she was not aware of any illegal orders from Trump.

“[The video] was basically a warning to say, like, if you’re asked to do something particularly against American citizens, you have the ability to go to your [superior] officer and push back,” she said.

Rep. Jason Crow (D-Colo.), a former Army Ranger and paratrooper, said on CBS’s “Face the Nation” on Nov. 23 that the video was recorded to start a discussion about Trump’s rhetoric and alleged threats he’s made to use the military in what the Democrats describe as an unlawful manner.

Crow said illegal orders would include killing the families of terrorists and sending troops into polling stations.

When the host noted that Trump had not given those orders, Crow responded, “If we wait until the moment that he gives a manifestly unlawful order to a young soldier, then we have failed them.

“We have to start that conversation now and get people thinking about the distinction, which is exactly what we did.”

Vice President JD Vance posted a clip of Slotkin’s comments on X.

“If the president hasn’t issued illegal orders, the members of Congress telling the military to defy the president is by definition illegal,” he wrote on Nov. 23.

Treasury Secretary Scott Bessent said on NBC’s “Meet the Press” that the call to disobey illegal orders was a display of “gross negligence.”

“When you step outside of the chain of command and try to create the noise and chaos, that only helps our enemies,” he said.

Trump has said that the lawmakers should be tried on charges of sedition.