The US Department of Defense announced on Monday that it is investigating whether Senator Mark Kelly, a retired Navy captain representing Arizona, violated military law. This comes after he and five other Democratic Congress members released a video last week urging US troops to refuse to obey "illegal orders."
The Pentagon stated it has received "serious allegations of misconduct" regarding the video.
Senator Kelly, 61, a former Navy fighter pilot and astronaut who retired at the rank of captain in 2011, appeared in the video aimed at service members. He claimed the nation is facing a constitutional threat and that "no one is obligated to execute orders that violate laws or the Constitution."
The video drew attention from President Donald Trump and sparked strong reactions from his supporters, who labeled the lawmakers "traitors" and said they should be jailed. Trump initially stated that their actions constituted sedition and that they should be arrested, tried, imprisoned, and potentially face execution. He later clarified, "I'm not threatening to have them executed, but I think they're in serious trouble."
The Department of Defense said on Monday it is exploring the possibility of recalling the retired Senator Kelly to active service to potentially court-martial him. It emphasized that under the Uniform Code of Military Justice, service members have a legal duty to obey lawful orders, and all orders are presumed lawful. A service member's personal beliefs do not constitute justification or excuse for disobeying a lawful order.
Senator Kelly responded on social media, alleging the Pentagon's move appears intended to intimidate him and other Congress members, preventing them from fulfilling their duties and holding the government accountable. He stated, "This tactic will not succeed."
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