Pentagon investigates senator calling on troops to refuse 'illegal orders'

Pentagon Weighs Action Against Senator Mark Kelly

The Pentagon announced Monday that it is considering recalling Democratic Senator Mark Kelly to active Navy duty after he appeared in a recent interview urging members of the U.S. military to disobey what he described as “illegal orders.”

Kelly, a former Navy combat pilot and astronaut, made the remarks during a televised discussion on national security and the limits of presidential authority. His statement suggested that service members must “uphold the Constitution first,” an interpretation that drew widespread political attention and military alarm.

Legal and Political Reactions

Pentagon spokesperson Lt. Col. Scott McGregor confirmed that the Department of Defense had launched a preliminary inquiry into Kelly’s comments. Officials are reportedly examining whether the senator's words could be seen as inciting insubordination among military personnel, which would constitute a serious breach under the Uniform Code of Military Justice.

In Congress, reactions have been sharply divided. Several Republican lawmakers accused Kelly of undermining civilian control of the military, while some Democrats defended his statement as a reaffirmation of lawful conduct within the armed forces.

Possible Recall to Active Duty

Defense experts noted that recalling a retired officer currently serving in political office would be an extraordinary move, rarely used in modern U.S. history. The Pentagon emphasized that any potential action would follow military protocol and legal review, stressing that the investigation remains at an early stage.

Context and Background

Mark Kelly retired from the Navy in 2012 after a distinguished career as a naval aviator and space shuttle commander. He was elected to the U.S. Senate from Arizona in 2020 and re-elected in 2022. Known for his advocacy on defense and science policy, Kelly has maintained strong ties to the military community.

"Service members have a duty to follow lawful orders, not political ones," Kelly said in his controversial appearance. "If any order contravenes the Constitution, it’s not only right but necessary to refuse it."

The Pentagon has not set a timeline for the conclusion of its investigation, but senior defense officials acknowledged that the situation places the military in a delicate position between legal precedent and political sensitivity.

Author summary:
The Pentagon is investigating Senator Mark Kelly after he urged troops to reject “illegal orders,” a move that could lead to an unprecedented recall of a sitting senator to active duty.

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France 24 France 24 — 2025-11-25

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