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Pentagon Probes Sen. Mark Kelly as FBI Plans Interviews Over Democrats’ ‘Unlawful Orders’ Video

Experts in military law describe the video as protected political speech, making prosecutions unlikely.

Overview

  • The Pentagon opened a formal investigation into Mark Kelly for alleged misconduct after he appeared in a video urging service members to refuse unlawful orders.
  • A U.S. Justice Department official confirmed the FBI will interview all six Democratic lawmakers featured in the video.
  • Defense Secretary Pete Hegseth denounced the video as “despicable, reckless and false,” accusing the lawmakers of telling troops to ignore commanders’ orders.
  • President Trump labeled the conduct “seditious” and said it was punishable by death in posts on Truth Social, and the lawmakers report receiving death threats.
  • Legal and military experts, including Charlie Swift and Eliot Cohen, say the message reflects established law and that recalling or prosecuting Kelly would be unprecedented and unlikely.