Pentagon says it's investigating Sen. Mark Kelly over video urging troops to defy 'illegal orders'
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The Pentagon says it's investigating Democratic Sen. Mark Kelly of Arizona over possible breaches of military law after the former Navy pilot joined a handful of other lawmakers in a video that called for U.S. troops to defy “illegal orders.”

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.

  • TropicalDingdong@lemmy.world
    1251·
    14 hours ago

    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

    • atzanteol@sh.itjust.worksEnglish
      201·
      11 hours ago

      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.

      • bthest@lemmy.worldEnglish
        3·
        8 hours ago

        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, with a thousand over guys, 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.