Pentagon says it’s investigating Arizona Sen. Mark Kelly after video urging troops to defy ‘unlawful orders’

WASHINGTON (AP) — The Pentagon said it is investigating Democratic Sen. Mark Kelly of Arizona for possible violations of military law after Kelly joined a handful of other lawmakers in a video calling on U.S. troops to refuse illegal orders.

The Pentagon statement, posted on social media Monday, cited a federal law that allows retired service members to be recalled to active duty on orders of the Secretary of Defense for possible court-martial or other proceedings. Kelly served in the US Navy as a fighter pilot before becoming an astronaut. He retired with the rank of captain.

It is unusual for the Pentagon, which until Trump’s second term usually went out of its way to act and appear apolitical, to directly threaten a member of Congress with investigation.

The Pentagon noted in its statement that Kelly’s statements in the video conflicted with “the loyalty, morale, or good order and discipline of the Armed Forces” by citing federal law prohibiting such actions.

“A comprehensive review of these allegations has begun to determine additional actions, which may include recall to active duty for court-martial proceedings or administrative proceedings,” the statement said.

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

“You can reject illegal orders,” Kelly told troops, and other lawmakers said they needed troops to “defend our laws… and our Constitution.”

Defense Secretary Pete Hegseth, in a post on his personal social media account, said Kelly was the only lawmaker targeted for the investigation because he is the only one who has officially retired from the military and therefore remains under Pentagon authority.

Hegseth added: “Kelly’s behavior brings disrepute to the armed forces and will be dealt with appropriately.”

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

The Pentagon’s chief spokesman, Sean Parnell, also issued a statement saying: “Our military follows orders, and our civilians issue lawful orders.”

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

Speaking Sunday on CBS’ “Face the Nation,” Kelly said Trump’s words were “very dangerous” and “carry tremendous weight.” Kelly added, “Because of what he is saying, there are now increasing threats against us.”

Kelly’s office did not immediately respond Monday to a request for comment on the Pentagon investigation.

He watches: Schumer says Trump has called for the execution of Democratic lawmakers, a “dangerous and deadly” threat.

Troops, especially uniformed commanders, have specific obligations to refuse unlawful orders, if they make that decision.

While commanders have military lawyers on their staff to consult with in making such a decision, rank-and-file soldiers charged 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 merely following orders, known colloquially as the “Nuremberg Defense” and used unsuccessfully by senior Nazi officials to justify their actions under Adolf Hitler, does not exonerate troops.

However, the response from the troops to the online video was almost non-existent.

A former soldier who helps run an online military forum said lawmakers’ message from last week was unlikely to reach troops because the video was only posted on X and was too long to be reposted on platforms like TikTok where troops already consume the information. He spoke on condition of anonymity to speak frankly and avoid retaliation.