The Pentagon is currently looking into Senator Mark Kelly from Arizona for potential violations of military regulations. The investigation stems from a video where Kelly and several other lawmakers urged U.S. troops to reject unlawful orders. According to the Pentagon’s social media post on Monday, a federal law permits retired service members to be called back to active duty by the defense secretary for potential court-martial or other actions. Kelly, a former U.S. navy fighter pilot and astronaut, retired at the rank of captain.
This direct investigation of a sitting member of Congress by the Pentagon is highly unusual and marks a departure from its usual apolitical stance. The Pentagon’s statement indicated that Kelly’s remarks in the video could impact the loyalty, morale, or discipline of the armed forces, contravening federal laws. The statement mentioned the initiation of a thorough review to determine potential actions, including recall to active duty for legal proceedings or administrative steps.
In response to the investigation, Kelly affirmed his commitment to the Constitution and labeled the Pentagon’s actions as bullying tactics. He asserted that any attempts to intimidate him or his fellow lawmakers from holding the administration accountable would be ineffective. Kelly was part of a group of six military or intelligence community veterans in Congress who directly addressed military personnel in the video.
Although the video did not specify particular instances, its release coincided with controversial directives from the Trump administration involving military actions and National Guard deployments in U.S. cities. U.S. Defense Secretary Pete criticized Kelly’s behavior, stating it brought disrepute to the armed forces and would be appropriately addressed. He also condemned the group’s video for causing doubt and confusion, potentially endangering military personnel.
The Pentagon’s scrutiny of Kelly is complicated by his status as a senator, which provides constitutional protection against executive branch interference. Constitutional law expert Anthony Michael Kreis highlighted the conflict between subjecting a senator to military discipline at the government’s behest and the principle of legislative independence. Troops, particularly commanding officers, have a duty to reject unlawful orders, with access to legal counsel for decision-making. However, lower-ranking troops often lack similar resources and must rely on their superiors for guidance.