Pentagon Weighs Recalling Sen. Mark Kelly to Active Duty for Possible Court Martial Over “Illegal Orders” Video

The Pentagon is reviewing whether Democratic Senator Mark Kelly, a retired U.S. Navy captain, could be recalled to active duty to face possible court martial or administrative punishment over his role in a recent video about illegal orders in the military.

The investigation follows President Donald Trump’s repeated calls for consequences for Kelly and five other Democratic lawmakers who appeared in a video reminding servicemembers of their duty to disobey illegal orders. Trump has labeled their actions “seditious” and “treason.”

Because Kelly retired as a senior officer, he remains legally subject to recall under military law. The other five lawmakers featured in the video — Senator Elissa Slotkin, Representatives Jason Crow, Maggie Goodlander, Chris Deluzio and Chrissy Houlahan — cannot be recalled, as they are no longer under the Uniform Code of Military Justice.

In a statement, the Defense Department appeared to reference the video, emphasizing that orders are presumed lawful and that personal beliefs do not excuse disobedience of a lawful command. At the same time, legal precedent holds that troops are required to refuse unlawful orders, and following an illegal order is not a defense, a principle often associated with the post–World War II Nuremberg trials.

Defense Secretary Pete Hegseth later posted on X, calling the video by what he termed the “Seditious Six” “despicable, reckless, and false,” and noting that Kelly, as a retired Navy commander, still falls under the UCMJ.

The lawmakers did not specify which orders they believed might be illegal, though members of both parties have raised concerns about the legality of recent U.S. military strikes on suspected drug boats in the Caribbean and the deployment of troops to U.S. cities over objections from governors.

This is a developing story and will be updated.

Credit: CNN Newsource

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