Pentagon investigating whether Sen. Mark Kelly violated military law
The Pentagon is investigating Sen. Mark Kelly over a video in which he told the military that he could “refuse illegal orders.”
WASHINGTON – U.S. Sen. Mark Kelly said he will not be silenced after President Donald Trump’s Pentagon launched an investigation into allegations of misconduct by the Arizona Democrat, which could include recalling a retired U.S. Navy captain to active duty for a court-martial.
Kelly appeared on MS NOW’s “The Rachel Maddow Show” on November 24 and called the threat “ridiculous.” The Pentagon announced the investigation after Kelly and five other Democrats, who previously served in the military and intelligence agencies, released a video urging military personnel to refuse “unlawful orders.”
“I think this article says more about him than it says about me. He doesn’t want accountability,” Kelly said. “But Rachel, I’m not going to shut up. I’m not going to be intimidated.”
In launching its investigation, the Pentagon cited the Uniform Military Justice Act, a federal law that outlines the military’s criminal law and justice system. The Pentagon said veterans are still subject to laws that prohibit conduct “intended to impair the loyalty, morale, good order, or discipline of the armed forces.”
“They let me know about this in a tweet because this is not about the law,” Kelly said. “This is about the media cycle, it’s about intimidation, and the whole thing is almost comical… Basically we’re repeating the Uniform Code of Justice (in the video) and they’re saying it violates the Uniform Code of Military Justice. That’s ridiculous.”
Six Democrats, including Kelly, told the military in a video that they have the right, and even the obligation, to refuse to carry out orders they believe are illegal. Lawmakers did not say which orders might be illegal. Democrats have criticized President Trump for deploying the National Guard to U.S. cities and for extrajudicial attacks on ships in the Caribbean believed to be carrying drugs.
“Our laws are clear: We can refuse unlawful orders,” Kelly said in the video.
Kelly told Maddow that the message was “very simple and uncontroversial: service members should obey the law.”
“And in response, Donald Trump said, I should be executed, I should be hanged, I should be indicted. He went on to say things like, ‘Get them,’ and I think he’s going to send in a mob to get me and others,” Kelly added.
Last week, President Trump made a series of social media posts accusing Democratic lawmakers of “sedition, worthy of the death penalty!” President Trump later told Fox News’ Brian Kilmeade that he did not believe the lawmakers should be executed, but that he believed they were in “deep trouble.”
The White House said it supports the Pentagon’s investigation into Kelly, and lawmakers emphasized that they did not name any illegal orders.
Asked what kinds of orders might be illegal, Kelly said, “You don’t want to wait for a child to get hit by a car and then say, ‘Look both ways.'” The senator cited President Trump’s past comments encouraging the use of military to suppress protests. “He’s now talking about using the Insurrection Act to send troops into more cities and use American cities as training grounds and American citizens as training for the American military.”
Other Democrats appearing in the video include Michigan State Sen. Elissa Slotkin, a former intelligence officer. Pennsylvania Congressman Chris Deluzio, former U.S. Navy officer. Pennsylvania Congresswoman Chrissy Houlahan, former Air Force officer; New Hampshire Congresswoman Maggie Goodlander, former intelligence officer. Colorado Congressman Jason Crow, a former U.S. Army officer;
Kelly said the video is meant to remind service members that they “need to abide by the law” and that members of Congress are “on their side.”
“I wanted members of Congress to know that this president doesn’t seem to care about the Constitution or the rule of law,” Kelly said. “And I have to say there’s nothing more patriotic than standing up for the Constitution. And right now, here, this week, the president clearly isn’t doing that.”
Republican Rep. Don Bacon of Nebraska, who is a frequent critic of President Trump and is retiring at the end of his term, criticized the Pentagon investigation in a post about X.
“Amateur time has begun again in the Ministry of Dens,” Bacon said. “I thought the video by six Democrats was unnecessary and stupid. But the sedition charge and the corresponding threat of court martial are also outrageous. Let’s show common sense and restraint.”
Kelly is married to Gabby Giffords, a former Democratic congresswoman from Arizona. She survived an assassination attempt in 2011 that killed six people with a gunshot wound to the brain.
“We know what political violence is and we know what causes it,” Kelly said, accusing Trump of using “inflammatory” language in response to the video. She added: “Stressed? I’m stressed about more important things than Donald Trump trying to blackmail me.”
X Contact Joey Garrison at @joeygarrison.
