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Pentagon Opens Review of Sen. Mark Kelly Over Video Urging Troops to Refuse Unlawful Orders

Officials say the retired Navy captain remains subject to military law, with recall for a possible court-martial on the table — a rare step critics call intimidation.

Overview

  • The Defense Department cited UCMJ recall authority and 18 U.S.C. § 2387, saying outcomes could include administrative action or court-martial, though no charges have been announced.
  • Defense Secretary Pete Hegseth said Kelly is being reviewed because he is a retired officer still under military jurisdiction and used his rank and service affiliation in the message.
  • The Pentagon reiterated that orders are presumed lawful and that personal beliefs do not excuse disobedience, underscoring concerns about good order and discipline.
  • Kelly said he learned of the probe from Hegseth’s post, called the action intimidation, reported increased threats after President Trump’s posts, and vowed not to be silenced; Democratic leaders sought added security.
  • Trump labeled the lawmakers’ video “seditious behavior, punishable by death” before moderating his language, and reporters noted it is unusual for the Pentagon to publicly investigate a sitting senator; the video did not cite any specific illegal order.