Sen. Mark Kelly (D-Ariz.), defending himself for instructing U.S. service members not to follow unlawful orders, said Monday that the Pentagon’s “misconduct” investigation into him is “absurd.”
In an interview on MS NOW’s “The Rachel Maddow Show,” the retired Navy captain emphasized that the Uniform Code of Military Justice — which governs the U.S. military justice system — specifies that service members are required to follow “lawful” orders. Military personnel are similarly obligated to refuse orders that are deemed illegal.
“The whole thing is almost comical,” Kelly told Maddow. “Like, how does reciting the UCMJ … which is the Uniform Code of Military Justice — we basically repeated the Uniform Code of Military Justice, and they’re saying that’s in violation of the Uniform Code of Military Justice.”
He added, “It’s absurd.”
Defense Secretary Pete Hegseth earlier Monday announced the Pentagon would conduct a “thorough review” of “serious allegations of misconduct” against the Arizona senator, who was one of six Democratic lawmakers with military or intelligence backgrounds who appeared in a video that infuriated the Trump administration.
In the video, which was edited to sound like one statement, the lawmakers told active service members that the law makes clear they are permitted — even required — to refuse illegal orders.
“Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear,” they said in the video. “You can refuse illegal orders … you must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”
Kelly was joined in the video by Sen. Elissa Slotkin (Mich.) and Reps. Jason Crow (Colo.), Chrissy Houlahan (Pa.), Chris Deluzio (Pa.) and Maggie Goodlander (N.H.).
The message drew President Trump’s ire, who wrote on social media that the lawmakers were “traitors” and guilty of “SEDITIOUS BEHAVIOR, punishable by DEATH!” The White House subsequently clarified that he wanted them to face consequences, but not to be executed.
The Pentagon said in a statement that its probe would “determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures.” It added that the investigation would be handled in “compliance with military law.”
Hegseth said Kelly is the only one of the six lawmakers who falls under the Defense Department’s purview because four of the others were former military members but not “retired,” and Slotkin is an ex-CIA official.
“However, Mark Kelly (retired Navy Commander) is still subject to UCMJ — and he knows that,” the Defense secretary said, adding that the senator’s “conduct brings discredit upon the armed forces and will be addressed appropriately.”
The Arizona Democrat pointed to his lengthy military career and pushed back on claims that any action he took merited review. He also defended the initial video lawmakers released.
“I spent 25 years in the United States Navy. I flew 39 combat missions over Iraq and Kuwait. Let me start by saying I never questioned any order. And you’re required to follow all legal orders. You’re also required not to follow illegal ones,” the senator said. “And I think most people can figure out, you know, it just takes some common sense … what would be an illegal order.”
“But I think it’s important for people to know that they need to be able to stand up and speak out,” he continued. “And I wanted them to know that members of Congress understand that this president doesn’t seem to care about the Constitution, the rule of law.”
Kelly added, “And I have to say, I don’t think there’s anything more patriotic than standing up for the Constitution. And right here, right now, this week, the president clearly is not doing that.”
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