Name: U.S. senator faces probe for saying troops can refuse illegal orders
Uploaded: 2025-11-25T19:49:33.264Z
Duration: 4 min 33 s
Description: The Pentagon says that it is investigating Democratic Sen. Mark Kelly of Arizona for possible breaches of military law after Kelly joined other lawmakers in a video that called for U.S. troops to refuse unlawful orders.

The Pentagon says that it is investigating Democratic Sen. Mark Kelly of Arizona for possible breaches of military law after Kelly joined other lawmakers in a video that called for U.S. troops to refuse unlawful orders.

Arizona

U.S. Senator Mark Kelly is under investigation by the Pentagon after participating in a video with other Democratic lawmakers urging military personnel to refuse illegal orders. The probe, which could potentially lead to a court-martial, follows public criticism from President Trump, who accused the lawmakers of seditious behavior and called for their prosecution.

Kelly, a retired Navy captain and former astronaut, has stated he will not be intimidated and will continue to hold the administration accountable. While Kelly is one of several lawmakers involved, he is being singled out due to his military rank, which makes him subject to recall. The White House supports the investigation, though legal grounds for a court-martial remain unclear, and the situation has drawn strong reactions from both parties.

U.S. senator faces probe for saying troops 'can refuse illegal orders'

Now, meanwhile, in the U.S., Democratic Senator Mark Kelly has become the latest target of the Trump administration. The Pentagon is now investigating him for alleged misconduct and a possible court-martial. Kelly has a stellar military record, serving as a Navy fighter pilot before becoming an astronaut. He's also a high-profile critic of the U.S. President. The CBC's Willie Lowry joins us now live from Washington with more on all of this. So, how did this investigation come about? Arthi, this all started last week when six Democratic lawmakers, all with military and intelligence backgrounds, put out this video essentially imploring active duty service members to disobey orders that they deemed illegal. Let's take a look at a brief excerpt from that video. Administration is pitting our uniformed military. And intelligence community professionals. Against American citizens. Like us, you all swore an oath. To protect and defend this constitution. Right now, the threats to our constitution aren't just coming from abroad, but from right here at home. Our laws are clear. You can refuse illegal orders. President Donald Trump was not impressed and issued several angry posts on social media, including one in which he accused the Democrats of seditious behavior, something that he said was punishable by death. And in another post, he called for them to be locked up. Now, the Pentagon is looking into ways that it can do just that, at least with respect to Senator Mark Kelly, a former astronaut and captain in the U.S. Navy. In a statement, the Pentagon said, quote, 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 has fired back and says he won't be intimidated by the president. Let's take a listen. But I'm not gonna be silenced here. Is it stressful? I've been stressed by, you know, things more important than Donald Trump trying to intimidate me into shutting my mouth and not doing my job. He didn't like what I said. I'm gonna show up for work every day, support the constitution, do my job, hold this administration accountable, hold this president accountable when he is out of line. Kelly said he would lean on his military experience. He flew combat missions during Operation Desert Storm during the first Gulf War and flew to space four times, but also on his family's experience, as his wife, Gabby Giffords, was shot while speaking with constituents in 2007. He would use those experiences to help weather this storm and also to keep the fight going with Donald Trump. Now, Willie, as you mentioned, Kelly is just one of several lawmakers who put out that message to troops calling on them to refuse illegal orders. But why is he being singled out? So, he left the military with the highest rank out of all of the members in that video. He retired as a captain and therefore he can be subject to recall and potentially court-martialed. But no sitting US senator has ever been court-martialed. But the White House is standing by the Pentagon's decision. Here's White House Press Secretary, Caroline Leavitt. The White House is supportive of the Department of War's investigation into Senator Mark Kelly. And I think what Senator Mark Kelly was actually trying to do was intimidate the 1.3 million active duty service members. It's unclear what ground the Pentagon would actually have to follow through with this threat. Democrats, meanwhile, are furious at the Trump administration. Let's take a listen to Ruben Galeo. He's a Democratic senator from Kelly's home state of Arizona. I think, number one, you will never, ever, ever even be half the man that Senator Kelly is. You, sir, are a coward. And the fact that you are following this order from the president shows how big of a coward you are. And I can't wait till you no longer are the Secretary of Defense. And context, of course, is important. This all comes as President Trump has dispatched the National Guard into American cities, but also used the country's military might to strike alleged drug boats in the Caribbean with no due process. Willie, thanks for this. That is the CBC's Willie Lowry reporting from Washington.

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