The Pentagon has initiated an investigation into Democratic Senator Mark Kelly of Arizona for potential violations of military regulations after he participated in a video alongside several other lawmakers urging U.S. troops to resist unlawful commands. This move by the Pentagon, which was announced on social media, refers to a federal law permitting retired military personnel to be called back to active duty by the defense secretary for potential court-martial or other actions. Kelly, a former navy fighter pilot and astronaut who retired as a captain, is being scrutinized for allegedly impacting the loyalty, morale, or discipline of the armed forces through his statements in the video.
The Pentagon’s statement marks a rare instance of directly addressing a sitting member of Congress with a formal investigation, departing from its usual nonpartisan stance. The investigation was prompted by concerns that Kelly’s remarks may have violated federal laws prohibiting actions that disrupt military discipline. The Pentagon stated that a comprehensive review of the allegations has commenced to determine potential further steps, including a recall to active duty for legal proceedings or administrative measures.
In response to the investigation, Kelly affirmed his commitment to upholding the Constitution and criticized the Pentagon’s actions as an attempt to intimidate him and his fellow lawmakers from fulfilling their duties of holding the administration accountable. Alongside five other lawmakers with military or intelligence backgrounds, Kelly emphasized the importance of military personnel standing up for laws and the Constitution, encouraging them to reject illegal orders.
Secretary of Defense Pete expressed disapproval of Kelly’s behavior, stating that it brings discredit to the armed forces and will be addressed accordingly. The wider group of lawmakers featured in the video faced criticism for their statements, with concerns raised about the potential risks posed to military personnel. Although specific incidents were not mentioned in the video, its release coincided with controversial directives from the Trump administration involving military actions and deployments within the U.S.
The Pentagon’s interest in investigating Kelly stems from his unique status as a retired military officer who remains under its jurisdiction, setting him apart from the other lawmakers involved. Several Senate Democrats rallied behind Kelly, denouncing the Pentagon’s actions as politically motivated and accusing the Trump administration of misusing military authority. The constitutional protections afforded to members of Congress may complicate the Pentagon’s pursuit of disciplinary actions against Kelly, as highlighted by legal experts.
It is essential to note that military personnel, particularly commanding officers, have a duty to reject unlawful orders if they determine them to be so. While commanders have legal advisors to assist in such decisions, lower-ranking troops often rely on their superiors for guidance when faced with potentially unlawful commands.
