US EditionPentagon escalates review into Sen. Kelly over ‘illegal orders’ video
The Pentagon’s formal inquiry addresses Kelly’s urging of troops to refuse illegal orders, a move labeled seditious by critics and defended by his legal team as constitutional, officials said.
- Pentagon officials escalated a preliminary review into an official Command Investigation of Sen. Mark Kelly on Monday, advancing the probe beyond fact-finding to active scrutiny of alleged misconduct.
- A video posted last month showed Sen. Mark Kelly and the five other lawmakers telling troops they could "refuse illegal orders," sparking weeks of fury from President Donald Trump.
- The Pentagon pointed to the UCMJ and 18 U.S.C. � 2387, which can carry penalties of up to 10 years in prison, as legal grounds for possible actions against Kelly.
- Attorney Paul Fishman warned in Monday's letter that there is 'no legitimate basis' for proceedings and that they will take 'all appropriate legal action' against Kelly, who said the threats threaten his twenty-five years in the U.S. Navy.
- The escalation raises questions about constitutional protections, congressional independence, and separation of powers, while military law experts say prosecuting Kelly could be legally difficult.
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20 Articles
If tried by court-martial, senator accused of ‘seditious behavior’ would be deprived of several constitutional rights
U.S. Sen. Mark Kelly, D-Ariz., speaks to reporters in Washington, D.C. on Dec. 4, 2025. AP Photo/Kevin WolfThe Department of Defense in late November 2025 announced that it would investigate U.S. Sen. Mark Kelly, a retired Navy captain and NASA astronaut, for what Secretary of Defense Pete Hegseth has called seditious behavior. The threat of investigation came after Kelly and five other Democrats, all with military backgrounds, released a video …
Mark Kelly has lawyers ready to fight Trump's 'dangerous overreach'
Attorneys representing U.S. Sen. Mark Kelly said they will take “all appropriate legal action” if the Department of Defense takes any action against the Arizona Democrat for a video in which Kelly and several other lawmakers said that military members are not required to follow orders that violate the law.The letter, obtained by Punchbowl News, was sent to John Phelan, the secretary of the Navy in response to the Department of Defense which rece…
Pentagon escalates review into Sen. Kelly over ‘illegal orders’ video
The Pentagon is escalating its preliminary review into Sen. Mark Kelly (D-Ariz.) over his participation in a video where he and other Democrats told U.S. service members to disobey “illegal orders.” A Pentagon official told The Hill on Monday that Defense Secretary Pete Hegseth’s office, along with the Defense Department’s Office of General Counsel, are…
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