US Senator Mark Kelly has robustly defended his position that military personnel should refuse to follow illegal orders, labelling the stance as "non-controversial" after the Pentagon announced an investigation into him and five other Democratic lawmakers.
Pentagon Investigation and Trump's Reaction
The controversy erupted after Senator Kelly, a former US Navy officer and astronaut, participated in a video advising service members that threats to the constitution could originate "from right here at home" and that they could "refuse illegal orders". In response, the Pentagon initiated a probe, citing a federal law that prohibits military retirees from interfering with armed forces discipline.
Former President Donald Trump reacted vehemently on social media, accusing the senators of "seditious behaviour, punishable by death" and republishing a post containing the phrase "hang them". Trump asserted that Kelly and his colleagues "should be in jail right now".
Kelly's Forceful Rebuttal
Speaking to MSNBC, Senator Kelly did not mince his words. "I said something that was pretty simple and non-controversial – and that was that members of the military should follow the law," he stated. Addressing Trump's threats directly, he added, "And in response to that, Donald Trump said I should be executed, I should be hanged."
Kelly, whose wife Gabrielle Giffords survived an assassination attempt in 2011, emphasised that intimidation tactics would not silence him. "I've given too much to this country to be silenced by bullies who care more about their own power than protecting the constitution," he told Rachel Maddow.
Legal Context and Political Fallout
The dispute touches on a critical legal principle. The US Manual for Courts-Martial explicitly states that the requirement to obey orders does not apply to a "patently illegal order, such as one that directs the commission of a crime". This places Kelly's advice on firm legal ground, despite the Pentagon's objections.
US Defense Secretary Pete Hegseth condemned the Democrats' video as "despicable, reckless, and false," arguing it undermines military discipline. Meanwhile, the FBI has contacted US Capitol Police to schedule interviews with the six Democrats involved.
Adding a voice of reason to the heated exchange, retired air force officer and Republican congressman Don Bacon called the video "unnecessary and foolish" but acknowledged that telling troops not to follow illegal orders is, in fact, "the law by the way". He criticised the administration's response, stating, "Good luck prosecuting someone who is quoting the law."
The confrontation occurs amidst Democratic claims that the Pentagon has already issued illegal orders, including deploying troops to the US-Mexico border and authorising deadly strikes on vessels allegedly carrying narcotics.
