Pentagon Weighs Possible Court-Martial of Sen. Mark Kelly Over Remarks on “Illegal Orders”

On Monday, the Pentagon announced it is examining allegations of misconduct involving Sen. Mark Kelly. The Arizona Democrat and former Navy captain recently appeared in a video encouraging service members to reject “illegal orders,” a remark that may put him at risk of recall under military law.

On November 18, a video featured Kelly, a Navy combat veteran, along with five other lawmakers. The communication, which did not explicitly mention President Donald Trump, exhorted military personnel to uphold the Constitution and disregard any unlawful orders. Kelly asserted in the edited segment featuring various speakers, "Our laws are unequivocal; you have the right to reject unlawful orders."

The Department of Defense announced that it has received significant allegations of misconduct related to Kelly’s comments and has begun a review in accordance with the Uniform Code of Military Justice. According to Article 2 of the UCMJ, retired service members receiving military retirement pay can be summoned back to active duty for legal matters.

The Pentagon has indicated that the ongoing review might result in actions such as recalling individuals to active duty for court-martial proceedings or implementing administrative measures. It emphasized that all orders are lawful and that personal beliefs do not constitute a valid reason for disobedience.

Defense Secretary Pete Hegseth shared on social media that Kelly is the only lawmaker in the video still under military jurisdiction. “Five of the six individuals in that video are not under the jurisdiction of @DeptofWar…” Nonetheless, Mark Kelly remains under the jurisdiction of the UCMJ—and he is aware of that,” Hegseth shared.

Legal experts indicate that the limits of military authority in these situations are still ambiguous. Retired Marine Lt. Col. Colby Vokey informed Task & Purpose that Kelly might contest any recall effort by claiming that the military does not have authority over his purported misconduct.

Kelly expressed that he initially discovered the Pentagon's review through Hegseth's post and criticized what he characterized as intimidation from the administration and its supporters, including Trump, who labeled the lawmakers' video as “SEDITIOUS BEHAVIOR.”

“If this is intended to scare me… Kelly asserted that he has made significant contributions to this nation and would not allow bullies to silence him.

He highlighted his extensive service over the years, which included combat flights and a notable career at NASA, where he played a role in recovering the remains of crew members lost in the 2003 Columbia disaster. “I dedicated all of this to the nation I hold dear,” Kelly wrote.

The Pentagon has stated that it will refrain from making additional comments while the review is ongoing.