Pentagon threatens to recall Sen. Mark Kelly to military service for court martial over illegal orders video
By Natasha Bertrand, CNN
(CNN) — The Pentagon said Monday that it is investigating Democratic Sen. Mark Kelly, a retired US Navy captain, in light of “serious allegations of misconduct” the department has received against him, and could even recall him to active duty to face a court martial or administrative punishment.
The investigation comes as President Donald Trump has been pushing relentlessly for consequences for Kelly and five other Democratic lawmakers over a video they made reminding servicemembers of their duty to disobey illegal orders, calling their actions “seditious” and “treason.”
Because Kelly was a senior officer who retired from the Navy, he is required to remain available for recall to the military by law. The other five lawmakers, Sen. Elissa Slotkin, Rep. Jason Crow, Rep. Maggie Goodlander, Rep. Chris Deluzio and Rep. Chrissy Houlahan, are not eligible for recall to a military service.
In a statement announcing the review, the Defense Department seemingly alluded to the video.
“All servicemembers are reminded that they have a legal obligation under the UCMJ (Uniform Code of Military Justice) to obey lawful orders and that orders are presumed to be lawful,” the statement said. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Troops are required to follow only lawful orders in accordance with the UCMJ. Following an order that might violate the law could open service members up to prosecution, as legal precedent holds that receiving an order alone isn’t a defense, colloquially known as the “Nuremberg defense” as it was deployed by senior members of Adolf Hitler’s leadership team during legal proceedings after World War II.
In a statement subsequently posted to X, Secretary of Defense Pete Hegseth made clear that the investigation stemmed from Kelly’s comments in the video.
“The video made by the ‘Seditious Six’ was despicable, reckless, and false. 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,” he wrote. “Five of the six individuals in that video do not fall under @DeptofWar jurisdiction (one is CIA and four are former military but not ‘retired’, so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ—and he knows that.”
Although the video released by the Democratic lawmakers didn’t reference what orders service members might be receiving that would potentially be illegal, lawmakers on both sides of the aisle have raised concerns repeatedly about the legality of US military strikes against suspected drug boats in the Caribbean and the US military’s deployment to cities across the US over the protest of governors.
This is a developing story and will be updated.
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