Pentagon to investigate Democrat who urged troops to defy illegal orders

The Pentagon says it is investigating Democratic Sen. Mark Kelly of Arizona for possible breaches of military law after Kelly joined a handful of other lawmakers in a video that called for U.S. troops to refuse unlawful orders.

The Pentagon’s statement, which was posted on social media on Monday, cited a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures. Kelly served in the U.S. Navy as a fighter pilot before going on to become an astronaut. He retired at the rank of captain.

It is extraordinary for the Pentagon, which until the second Trump term has usually gone out of its way to act and appear apolitical, to directly threaten a sitting member of Congress with investigation.

In its statement, the Pentagon suggested that Kelly’s statements in the video interfered with the “loyalty, morale, or good order and discipline of the armed forces” by citing the federal law that prohibits such actions.

Story continues below advertisement

“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 statement said.

1:26 Democrat lawmakers release video telling U.S. military members to refuse any illegal orders

In the video that was posted last Tuesday, Kelly was one of six lawmakers who served in the military or intelligence community to speak “directly to members of the military.”

Get breaking National news

For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy.

Kelly told troops “you can refuse illegal orders,” and other lawmakers said they needed troops to “stand up for our laws … our Constitution.”

Days after the video was released, U.S. President Donald Trump accused the lawmakers of sedition “punishable by DEATH” in a social media post.

Chief Pentagon spokesman Sean Parnell also released a statement, saying, “Our military follows orders, and our civilians give legal orders.”

Story continues below advertisement

“These politicians are out of their minds,” Parnell added.

Speaking Sunday on CBS’ “Face the Nation,” Kelly said Trump’s words were “very serious” and “carry tremendous weight.” Kelly added that “because of what he says there is now increased threats against us.” Troops, especially uniformed commanders, do have a specific obligations to reject orders that are unlawful, if they make that determination.

Trending Now

• Carney, Modi agree to revive comprehensive trade deal talks
• U.S. senators say tariffs causing ‘cultural break’ in relations with Canada

3:18 Trump says video of Democrats telling military to ‘refuse illegal orders’ is ‘punishable by death’

While commanders have military lawyers on their staffs to consult with in making such a determination, rank-and-file troops who are tasked with carrying out those orders are rarely in a similar position and often have to rely on their superiors.

Broad legal precedence also holds that just following orders, colloquially known as the “Nuremberg defense” as it was used unsuccessfully by senior Nazi officials to justify their actions under Adolf Hitler, doesn’t absolve troops.

Story continues below advertisement

Yet the reaction from troops to the video online has been almost nonexistent.

A former servicemember who helps run an online military forum said the lawmakers’ message from last week is unlikely even to reach troops because the video was posted only on Twitter and was far too long to be reposted on platforms like TikTok where troops actually consume information.

More on World More videos

• Carney says he’ll speak with Trump ‘when it’s appropriate’
• Brazil’s Bolsonaro says ‘hallucinations’ led to arrest, judge says
• 50 schoolchildren escape Nigerian abduction, but more remain captive
• Ukraine talks ‘a step forward’ but road to peace is long, Europe warns

• Trump ally-turned-critic Marjorie Taylor Greene announces shock resignation
• JD Vance says Canada’s immigration ‘insanity’ caused lower living standards
• Trump defends ‘sedition’ comments after backlash over threats to Democrats
• Trump says meeting with NYC mayor-elect Mamdani ‘surprised’ him