The US Department of Defense has launched an extraordinary investigation into Arizona Senator Mark Kelly, a former navy captain, over his participation in a video urging American troops to refuse unlawful commands.
Unprecedented Move Against Sitting Senator
In a striking departure from its traditionally apolitical stance, the Pentagon announced on Monday that it is examining potential breaches of military law by Senator Kelly. The investigation centres on a video posted last Tuesday, in which Kelly and five other Democratic lawmakers with military or intelligence backgrounds addressed service members directly.
The Pentagon's statement cited federal law provisions allowing retired service members to be recalled to active duty for potential court-martial proceedings. Kelly, who served as a US navy fighter pilot before becoming an astronaut, retired at the rank of captain, leaving him subject to the Uniform Code of Military Justice.
Trump's Fury and Republican Silence
The video prompted an explosive reaction from President Donald Trump, who took to his Truth Social platform to accuse the participants of "SEDITIOUS BEHAVIOR, punishable by DEATH". The president further reposted another user's message containing the words "HANG THEM".
Defence Secretary Pete Hegseth, whose department has rebranded itself as the War Department, condemned the video as "despicable, reckless and false". His statement asserted that Kelly's conduct "brings discredit upon the armed forces and will be addressed appropriately".
Senator Kelly has expressed deep concern about the safety of his family following Trump's remarks, particularly given that his wife, former Congresswoman Gabrielle Giffords, survived an assassination attempt in 2011. Kelly noted the conspicuous silence from Republican colleagues regarding the president's violent rhetoric during appearances on MSNBC's Morning Joe and CBS's Face the Nation.
Legal Complexities and Political Fallout
The situation presents complex legal questions regarding military jurisdiction over retired personnel and sitting legislators. While the US Manual for Courts-Martial acknowledges that service members need not obey "patently illegal orders", the Pentagon contends that Kelly's statements could interfere with military discipline.
This investigation marks a significant escalation in the tension between the Trump administration and legislative critics, testing the boundaries between free speech, military law, and political discourse. The outcome could establish important precedents regarding the rights and responsibilities of veteran legislators.