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Pentagon escalates review into Sen. Kelly over ‘illegal orders’ video

The Pentagon’s formal inquiry addresses Kelly’s urging of troops to refuse illegal orders, a move labeled seditious by critics and defended by his legal team as constitutional, officials said.

  • Pentagon officials escalated a preliminary review into an official Command Investigation of Sen. Mark Kelly on Monday, advancing the probe beyond fact-finding to active scrutiny of alleged misconduct.
  • A video posted last month showed Sen. Mark Kelly and the five other lawmakers telling troops they could "refuse illegal orders," sparking weeks of fury from President Donald Trump.
  • The Pentagon pointed to the UCMJ and 18 U.S.C. � 2387, which can carry penalties of up to 10 years in prison, as legal grounds for possible actions against Kelly.
  • Attorney Paul Fishman warned in Monday's letter that there is 'no legitimate basis' for proceedings and that they will take 'all appropriate legal action' against Kelly, who said the threats threaten his twenty-five years in the U.S. Navy.
  • The escalation raises questions about constitutional protections, congressional independence, and separation of powers, while military law experts say prosecuting Kelly could be legally difficult.
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Sen. Mark Kelly calls Pentagon investigation into his remarks a move to chill military dissent

By KONSTANTIN TOROPIN and BEN FINLEY, Associated Press WASHINGTON (AP) — Democratic Sen. Mark Kelly of Arizona said Tuesday that the Pentagon’s escalating investigation into his remarks urging troops to refuse unlawful orders is part of an effort to silence dissent within the military. “This is just about sending a message to retired service members, active duty service members, government employees — do not speak out against this president or t…

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AZCentral broke the news in Phoenix, United States on Monday, December 15, 2025.
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