The Pentagon has confirmed an investigation into Senator Mark Kelly following his appearance in a video alongside other lawmakers calling on military personnel and intelligence officers to “refuse illegal orders.” He is the only participant in the video still subject to potential military recall under the Uniform Code of Military Justice (UCMJ) due to his retired Navy status.
According to the department, the review will determine whether Kelly’s remarks violated regulations that prohibit undermining the loyalty, morale or discipline of U.S. armed forces. If officials find misconduct, he could face recall to active duty or even court-martial proceedings.
In the video, Kelly and five other lawmakers — all with military or intelligence backgrounds — addressed troops, stating that service members “can and must” decline unlawful commands. The department’s statement emphasized that orders are presumed lawful and cannot be disobeyed simply based on personal belief.
Kelly, a former naval aviator and astronaut, responded by defending his record and saying the inquiry is an attempt to intimidate oversight of the military and government. The investigation marks an unusual step by the Pentagon: targeting a sitting member of Congress for possible military justice proceedings.