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Pentagon Probes Sen. Mark Kelly as FBI Seeks Interviews Over ‘Illegal Orders’ Video

Legal experts say any attempt to court-martial or prosecute the lawmakers is unlikely under UCMJ procedures and constitutional protections.

Overview

  • Defense Secretary Pete Hegseth directed a Navy review of retired Capt. Mark Kelly, with a reported Dec. 10 deadline for findings on potential actions under the Uniform Code of Military Justice.
  • FBI and Justice Department officials have asked through congressional security to interview all six Democratic veterans who recorded the video reminding troops they may refuse unlawful orders.
  • Kelly, in interviews with Rachel Maddow and Jimmy Kimmel, said he will not be intimidated and defended the message as a straightforward statement of military law.
  • Republicans Lisa Murkowski and John Curtis, along with Rep. Don Bacon, criticized the administration’s response, with Murkowski calling the probe frivolous and Bacon labeling sedition talk “crazy.”
  • Seven military-law specialists told Reuters that recalling Kelly and bringing a viable case would face steep hurdles, citing due-process safeguards, First Amendment protections and concerns about unlawful command influence.