The Pentagon says it is investigating Democratic Sen. Mark Kelly of Arizona for possible breaches of military law after Kelly joined a handful of other lawmakers in a video that called for U.S. troops to refuse unlawful orders.
The Pentagon’s statement, which was posted on social media on Monday, cited a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures. Kelly served in the U.S. Navy as a fighter pilot before going on to become an astronaut. He retired at the rank of captain.
It is extraordinary for the Pentagon, which until the second Trump term has usually gone out of its way to act and appear apolitical, to directly threaten a sitting member of Congress with investigation.
https://www.militarydefense.com/tag/ucmj-article-92/
Under the Uniform Code of Military Justice (UCMJ) Article 92, service members are required to obey lawful orders. However, not all orders are lawful, and military law draws a clear distinction between orders that must be followed and those that must be refused.
An unlawful order is one that requires the commission of a criminal act or violates the Constitution, U.S. federal law, or applicable international law.
Examples of Unlawful Orders:
Targeting or intentionally harming civilians Torturing or abusing detainees Falsifying operational or legal records Engaging in unauthorized political or domestic law enforcement actions
What about blowing up boats in international waters cuz they have plant material I deem toxic.
Not toxic. Terrifying. They are terrorists after all.
cuz we claim they have plant material
There’s been zero evidence presented that the flimsy excuse for extrajudicial execution is even true.
This UCMJ seems like woke propaganda!
This is a sentence in 2025.
Oh that last one, lol.
Guarantee they change the UCMJ within the next few years.
Important Note: All military orders are presumed lawful. The burden falls on the service member to establish that an order is manifestly unlawful. This is a high standard, and hesitation or refusal can carry serious consequences—even if ultimately justified.
Because of this legal complexity, service members should consult with legal counsel as soon as they suspect an order may be unlawful. Do not disobey an order without first seeking guidance from a qualified military attorney, unless the order is clearly illegal on its face (e.g., ordering you to shoot unarmed civilians).
Do understand that it’s not an easy thing to do and that they will go through hell fighting the unlimited resources of the United States government defending themselves should they refuse orders.
Then if shit gets real then we need to make sure the extrajudicial consequences for committing war crimes are way, way worse than spending some time at Leavenworth.
You may be untouchable behind that perimeter, with all that firepower, in your drone control box, with a thousand guys around you, but you’ll have to go home sometime and the war will still be waiting for you there. That’s the thing about civil wars.
TRAITOR!!!
“Fascists Attempt To Prosecute Citizens For Supporting The Rule of Law”
I’m not a law guy but I seriously doubt there is a military law that says it is illegal to say not to do illegal things
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately,” Hegseth said on his personal X account. Of the wider group, he added that “their foolish screed sows doubt and confusion — which only puts our warriors in danger.”
Hmm. It would seem that if you’re only giving blatantly lawful orders, this wouldn’t sow doubt and confusion.
I forget what part of the constitution says that the government has carte blanche authority to airstrike random Columbians. Maybe that’s what’s sowing the doubt and confusion?
I think they discredited it themselves when they put a Fox News talk show host in charge.
I guess they better start court martialing every single drill sergeant, recruit division commander, military training instructor, and drill instructor currently serving, because I’m pretty sure that every single one has said the exact same thing to every one of their recruits.
Well, maybe they should be, because obviously the lessons must not be sticking if servicemen and women have to be reminded of their most basic lesson from training by senators.
They gonna find a way to kill these people
Ok so they’re investigating Mark Kelly because he might be treasonous?
Without even going into the benign and responsible content of his words, let’s just talk about possible signs that you might be on the wrong side…
Again, they’re questioning a retired Navy officer and NASA astronaut on his professional and patriotic integrity… Hmm
Without even going into the benign and responsible content of his words,
Right? And the Penty gets all riled up and barking at him. . .
…after the douchebag occupying the POTUS chair publicly made a literal death threat against our own countrymen for advising the military to. . . (Flips papers) " Not do illegal things if ordered to do illegal things.
sounds like a nazi thing to do
“I was just following orders”
“Good soldier. Now, here are your next set of orders: Stand right there on those gallows and put that noose around your neck.”
That’s what I hope they’ll say to anyone who tries to use the Nuremberg Defense when they get prosecuted for blowing up civilian boats in international waters.
So they’re not investigating the guy who sucked off a horse being blackmailed by Putin?
We need to investigate those in the Pentagon that are giving out illegal orders.
We need to investigate those in the Pentagon that are giving out illegal orders.
Something, something, we investigated ourselves and found no wrong doing?
Probably something Congress should be doing, but their record hasn’t been too great this year.
Funny how the administration keeps bringing this up in the news cycle, repeatedly reminding troops that they should not obey illegal orders. If they’d just ignored the video, everyone would have forgotten about it by now.
It’s as if they either A) have never heard of the Streisand Effect, or B) are trying to distract everyone from something else.
Anyway, how about them Epstein Files?
They keep bringing it up as a lesson to servicemen. “We can do it to this influential person so you don’t have a chance, young marine. Now attack those civilians.”
This is treason.
How dare you follow the Constitution!
– bleated the republikkkans
Let’s look at the logic here: If we don’t expect troops to defy illegal orders, that means some commanding officer could order his troops to kill the president 🤔
That’s illegal but… The Trump administration thinks orders should be followed no matter what.
People were saying a similar thing about what Biden should do when we found out Trump won.
Looks like nothing happened so I can only assume the same result will be there and Trump will still chug a long until his fish o filet heart finally encrusts over.
Upvoted for “fish o filet” heart
Senator Mark Kelly is 100% correct. Hegseth and his fucked up merry band of SS thugs are out of line with their BS.
