The Pentagon is investigating Democratic Sen. Mark Kelly of Arizona for potential violations of military law. This follows Kelly's participation in a video urging U.S. troops to refuse unlawful orders. The Pentagon announced the investigation in a statement posted on social media on Monday. It referenced a federal law that permits the recall of retired service members to active duty by the defense secretary for possible court-martial or other actions.

Kelly, a former U.S. Navy fighter pilot and astronaut, retired with the rank of captain. The Pentagon's move to investigate a sitting member of Congress is unusual, especially given its historical effort to maintain political neutrality. The statement indicated that Kelly's remarks in the video could undermine the “loyalty, morale, or good order and discipline of the armed forces.”

“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 Pentagon said.

In the video released last Tuesday, Kelly was one of six lawmakers with military or intelligence backgrounds who addressed military personnel directly. He stated, “You can refuse illegal orders,” while other lawmakers emphasized the need for troops to “stand up for our laws ... our Constitution.”

Days after the video was published, President Donald Trump accused the lawmakers of sedition, suggesting it was “punishable by DEATH” in a social media post. Chief Pentagon spokesman Sean Parnell reiterated the military's chain of command, stating, “Our military follows orders, and our civilians give legal orders.” He added, “These politicians are out of their minds.”

On CBS’ “Face the Nation,” Kelly responded to Trump’s comments, calling them “very serious” and noting they “carry tremendous weight.” He expressed concern that Trump’s words have led to increased threats against lawmakers.

Troops, particularly uniformed commanders, have a duty to reject unlawful orders if they determine them to be illegal. While commanders can consult military lawyers, rank-and-file troops often rely on their superiors for guidance. Legal precedents indicate that merely following orders, known as the “Nuremberg defense,” does not absolve service members from accountability.

Despite the gravity of the situation, reactions from troops regarding the video have been minimal. A former servicemember involved in an online military forum noted that the video’s reach is limited, as it was only posted on Twitter and is too lengthy for platforms like TikTok, where many troops consume information. He requested anonymity to speak freely without fear of retaliation.