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Pentagon Opens Review of Sen. Mark Kelly Over ‘Illegal Orders’ Video

The retired Navy captain remains subject to military law, a rarely used authority the Pentagon says could permit his recall for court-martial.

Overview

  • The Defense Department launched a thorough review citing the UCMJ and 18 U.S.C. § 2387, saying actions could include recall to active duty for court-martial or administrative measures.
  • Defense Secretary Pete Hegseth said Kelly was singled out because, as a retired officer, he remains under the UCMJ and appeared in the video using his rank and service affiliation.
  • The Pentagon reminded troops that orders are presumed lawful and personal beliefs do not justify disobedience, as Democrats’ video offered no specific example of an unlawful order.
  • President Donald Trump denounced the video as seditious—at one point calling it “punishable by DEATH” before urging arrests—while the White House voiced support for the Pentagon’s action.
  • Kelly called the probe an intimidation effort and refused to back down, as Democrats reported a rise in death and bomb threats and congressional leaders sought enhanced security.