The Pentagon announced Monday that it has launched an investigation into Sen. Mark Kelly of Arizona after he and several other Democratic lawmakers said that military troops should not obey “illegal orders.”
In a statement on X, the so-called Department of War said that Kelly may be recalled “to active duty for court-martial proceedings or administrative measures” for his comments.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly wrote in response to the threat. “I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Kelly served as a captain in the Navy and flew 39 combat missions in the first Iraq War. He then went on to a distinguished career as a NASA astronaut and was inducted into the Astronaut Hall of Fame before successfully running for Senate.
Kelly was part of a group of six Democratic lawmakers, including veterans of the military and national security agencies, who created the video that sparked retribution from the Trump administration.
“You can refuse illegal orders,” they said in the video—a bedrock concept in American law.
The Pentagon’s threat echoes President Donald Trump’s call for the execution of the lawmakers in the video.
“SEDITIOUS BEHAVIOR, punishable by DEATH!” Trump falsely claimed in a Truth Social post.
In an interview on CBS’ “Face the Nation” Sunday, Kelly responded to Trump’s threat.
“He declared that loyalty to the Constitution is now punishable by death. Those are serious words coming from the president of the United States,” Kelly said. “He’s trying to intimidate us. But … I’m not going to be intimidated.”
Military members take the oath of enlistment, in which they vow to “support and defend the Constitution of the United States against all enemies, foreign and domestic” and to obey orders “according to regulations and the Uniform Code of Military Justice.”
Democrats are raising this issue because the Trump administration has committed a series of military strikes in South America, which lawyers have said are legally questionable, if not outright illegal. The administration is also reportedly pushing to expand military combat in the region, possibly leading to war.
Kelly not only gives factually correct advice in the video, but he is also protected from frivolous prosecution as a senator.
In addition to the action against Kelly, the Pentagon has reportedly been pressuring the House to launch an inquiry into Democratic Rep. Eugene Vindman of Virginia, a retired Army officer. During Trump’s first impeachment trial, Vindman testified against the president’s attempts to pressure the Ukrainian government.
Both of these actions show that the administration is attempting to use the power of the government against military veterans who dare to speak out against Trump’s abuses.
Trump, who infamously called military veterans “suckers” and “losers,” continues to add to his roster of attacks and slights against those who dedicate their lives to serving the country.
