Mark Kelly responds after Pentagon opens review into his 'illegal orders' video
Straight Arrow News / VideoElephant
Not content with going after Georgia representative Marjorie Taylor Greene, US president Donald Trump and his administration have now turned their attention to Arizona senator Mark Kelly, following his message to military and intelligence personnel telling them they can “refuse illegal orders”.
The Democrat, who is a retired US navy captain, now faces action from the Pentagon over such remarks.
Allow us to explain.
The ‘Don’t give up the ship’ video
On 18 November, Kelly, together with fellow Democratic Congress members Elissa Slotkin (senator for Michigan), Chris Deluzio (representative for Pennsylvania), Maggie Goodlander (representative for New Hampshire), Chrissy Houlahan (representative for Pennsylvania) and Jason Crow (representative for Colorado), released a video addressing members of the military and intelligence community.
In it, Kelly can be seen saying: “Our laws are clear: you can refuse illegal orders.”
The video also sees the politicians claim the Trump administration is “pitting our uniformed military and intelligence community professionals against American citizens”.
Trump: ‘Punishable by DEATH’
Clapping back at the video from the six Democrats on his Truth Social platform on Thursday, Trump penned a series of posts in which he accused the six of engaging in “seditious behaviour at the highest level”, branded them “traitors to our country” and said such “behaviour” is “punishable by DEATH”.
He appeared to backpedal on the remarks a day later in comments to Fox News, when he said: “I think they are in serious trouble. I would say they’re in serious trouble. I’m not threatening death, but I think they’re in serious trouble. In the old days, it was death. That was seditious behaviour.”
Six Democrats: ‘No threat, intimidation, or call for violence will deter us’
In a joint statement shared to X/Twitter the same day, the six Democrats said they swore an oath to protect and defend the US Constitution which “lasts a lifetime”.
They said: “No threat, intimidation, or call for violence will deter us from that sacred obligation.
“What’s most telling is that the President considers it punishable by death for us to restate the law. Our servicemembers should know that we have their backs as they fulfill their oath to the Constitution and obligation to follow only lawful orders. It is not only the right thing to do, but also our duty.
“But this isn’t about any one of us. This isn’t about politics. This is about who we are as Americans. Every American must unite and condemn the President’s calls for our murder and political violence. This is a time for moral clarity.
“In these moments, fear is contagious, but so is courage. We will continue to lead and will not be intimidated.”
Department of Defense: ‘Serious allegations of misconduct’ against Kelly
On Monday, the US Department of Defense (which refers to itself as the ‘Department of War’ despite the name change not being made official via Congress) said it has received “serious allegations of misconduct” against Kelly.
It wrote on X/Twitter: “In accordance with the Uniform Code of Military Justice [UCMJ] … 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.
“The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels.
“All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Hegseth: ‘Kelly’s conduct brings discredit upon the armed forces’
The defense secretary shared his department’s tweet and added: “The video made by the ‘Seditious Six’ was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.’ Their foolish screed sows doubt and confusion - which only puts our warriors in danger.
“Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
Kelly: ‘I’ve given too much to this country to be silenced by bullies’
Kelly responded to Hegseth’s tweet a short while later, writing about his experiences in military service and at NASA before saying that he “did all of this in service to this country that I love and has given me so much”.
He continued: “Secretary Hegseth’s tweet is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Hegseth: ‘Sedition video intentionally undercut good order and discipline’
Hegseth replied to Kelly on Tuesday, commenting on the picture he attached to his tweet showing his uniform and badges and claiming that the Democrat “can’t even display your uniform correctly”.
“Your medals are out of order & rows reversed. When/if you are recalled to active duty, it’ll start with a uniform inspection,” he said.
When approached by indy100 for comment, the White House directed the outlet to White House press secretary Karoline Leavitt's remarks to reporters on Monday, carried on Fox.
She said: "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 who are currently serving in our United States Armed Forces, with that video that he and his Democratic colleagues put out.
"Senator Mark Kelly well knows the rules of the military and the respect that one must have for the chain of command, and that all orders are presumed to be legal by our service members. You couldn't have a functioning military if there is disorder and chaos within the ranks, and that's what these Democrat members were encouraging."
Leavitt claimed that none of the six Democrats "could point to a single illegal order" given down by the administration "because it does not exist".
"They knew what they were doing with this video, and Senator Mark Kelly and all of them should be held accountable for that," she said.
Meanwhile, a spokesperson for Representative Crow directed indy100 to the Democrats' joint statement on President Trump's comments, as well as his individual video response in which he said every American "regardless of your background" should "unite and reject his calls for political violence".
On the investigation of Senator Kelly, the official referred indy100 to a tweet posted by the politician on Monday in which he wrote: "You can't bully a patriot. I stand with @SenMarkKelly.
"This is a decisive moment. Trump is trying to incite violence, intimidate, and punish those who speak up to hold him accountable.
"But the only thing we fear is not rising to this moment and defending the country we love.
"Nothing will stop us from upholding our oath and defending the Constitution."
Deluzio, Goodlander, Houlahan, Kelly and Slotkin have also been approached for comment.
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