Pentagon investigates Democrat senator for telling troops to refuse 'illegal orders'

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Sen. Mark Kelly waits to speak during a news conference at the U.S. Capitol in 2023.

Sen. Mark Kelly waits to speak during a news conference at the U.S. Capitol in 2023. Drew Angerer/Getty Images hide caption

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Drew Angerer/Getty Images

The Pentagon says it's opening an investigation into Arizona Sen. Mark Kelly in the wake of a video of Democratic lawmakers urging servicemembers not to comply with 'illegal orders."

The Trump administration has faced legal questions about deployment of National Guard troops domestically and deadly airstrikes on boats suspected of drug smuggling in the Caribbean.

US President Donald Trump steps out to welcome the Crown Prince and Prime Minister of the Kingdom of Saudi Arabia Mohammed bin Salman prior to a state dinner at the White House in Washington, DC on November 18, 2025.

In the case of Sen. Kelly, the Pentagon put out a statement saying that it had "received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.)," and that "a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures."

Kelly, a former Navy captain, combat pilot and astronaut, was one of six former military or intelligence officials who made the video, which prompted a furious backlash from the White House.

Only Kelly, as a formally retired officer, can be recalled by the Pentagon to face court martial — it is exceedingly rare for that to happen and it's unclear if defense officials will indeed follow through on the threat.

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