Pentagon announces investigation into Sen Kelly for video urging troops to defy 'illegal orders'

The Pentagon on Monday announced an investigation into Arizona Sen. Mark Kelly related to him and a handful of fellow Democratic senators participating in a video urging troops to defy "illegal orders."

The Defense Department on X 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, The Associated Press reported. Kelly was a U.S. Navy fighter pilot before becoming an astronaut and retired at the rank of captain.

"The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)," the DOD posted on X on Monday. "In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, 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. This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.

"The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels.

"All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful.  A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order."

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

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