The Pentagon has initiated an inquiry into Democratic Senator Mark Kelly from Arizona for potential violations of military regulations after Kelly participated in a video alongside several other lawmakers 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. Kelly, a former U.S. Navy fighter pilot and astronaut, retired as a captain.
It is highly unusual for the Pentagon to directly address a current member of Congress with an investigation, as historically it has strived to maintain a non-political stance. The Pentagon’s statement indicated that Kelly’s comments in the video could have disrupted the loyalty, morale, or discipline of the armed forces, thus breaching federal regulations.
The statement mentioned that a comprehensive review of the allegations has been initiated to determine potential next steps, including a recall to active duty for legal proceedings or administrative actions. Kelly responded by affirming his commitment to the Constitution and dismissing the Pentagon’s probe as an attempt to intimidate lawmakers from carrying out their responsibilities of holding the administration accountable.
Kelly, along with five other lawmakers with military or intelligence backgrounds, conveyed messages urging military personnel to stand up for the Constitution and refuse illegal orders in the video. U.S. Defense Secretary Pete criticized Kelly’s actions and those of the group, stating that their statements could create doubt and endanger military personnel.
While the video did not specify any particular situations, its release coincided with the Trump administration’s directives involving military actions and attempts to deploy National Guard troops domestically. The Pentagon clarified that military personnel must adhere to lawful orders, emphasizing the distinction between legal and illegal commands.
Democratic Senate leaders defended Kelly against the Pentagon’s investigation, with Senator Chuck Schumer accusing President Trump of politicizing the military for personal vendettas. The unique situation of a sitting senator being subject to military discipline raised concerns about potential overreach by the executive branch infringing upon legislative independence.
Troops, especially commanding officers, have a responsibility to reject unlawful orders, but lower-ranking personnel may face challenges in determining the legality of commands without direct legal guidance. The investigation into Kelly’s actions poses complexities due to his status as a senator, which is safeguarded from undue influence by the executive branch according to constitutional principles.