The Pentagon has launched an inquiry into Democratic Senator Mark Kelly of Arizona for potential violations of military regulations after Kelly participated in a video alongside several other legislators urging U.S. troops to reject unlawful commands. The Pentagon’s announcement, shared on social media, referenced a federal statute permitting retired military personnel to be called back to active duty by the defense secretary for potential disciplinary actions or court-martial proceedings. Kelly, a former U.S. Navy fighter pilot who later became an astronaut and retired as a captain, is under scrutiny for his involvement.
This move by the Pentagon to investigate a current member of Congress is highly unusual, as historically, the military has strived to maintain a nonpartisan stance. The Pentagon’s statement suggested that Kelly’s remarks in the video could have a negative impact on the loyalty, morale, or discipline within the armed forces, citing the federal law prohibiting such conduct.
In response, Kelly affirmed his commitment to upholding the Constitution and dismissed the investigation as an attempt by “bullies” to intimidate lawmakers from holding the administration accountable. Kelly and five other legislators with military or intelligence backgrounds featured in the video encouraged military members to stand up against unlawful orders to uphold the country’s laws and constitution.
U.S. Defense Secretary Pete criticized Kelly’s actions, stating that they reflect poorly on the armed forces and would be addressed accordingly. The video’s release coincides with instances of the Trump administration authorizing military actions and attempting to deploy National Guard troops, despite legal challenges.
Regarding the investigation, Chief Pentagon spokesperson Sean Parnell reiterated that the military follows lawful commands, while civilians issue these directives. Kelly faces scrutiny due to being the only lawmaker who formally retired from the military and remains within the Pentagon’s jurisdiction. Senate Democrats rallied behind Kelly, with Democratic Leader Chuck Schumer condemning the Pentagon’s actions as an abuse of power.
Constitutional law expert Anthony Michael Kreis noted that Kelly’s status as a senator could complicate the inquiry, as constitutional protections shield legislators from executive interference. Troops, particularly commanders, have an obligation to refuse unlawful orders, though individual soldiers may face challenges in determining the legality of commands without direct legal guidance.