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Pentagon Opens Probe After Sen. Mark Kelly Urges Troops to Refuse Unlawful Orders in Video

The Pentagon has opened a review after Sen. Mark Kelly appeared in a video urging service members they can refuse unlawful orders. The department cited a federal statute that permits recalling retired service members to active duty and said the remarks may have harmed military loyalty and discipline. The video, posted last Tuesday, featured six lawmakers with military or intelligence backgrounds speaking directly to troops. A thorough review is under way and could lead to administrative or disciplinary action.

Pentagon Opens Probe After Sen. Mark Kelly Urges Troops to Refuse Unlawful Orders in Video

The Pentagon has launched a review into Democratic Sen. Mark Kelly of Arizona after he appeared in a video urging U.S. service members to refuse unlawful orders. The department said the appearance could violate federal rules and cited a statute that allows retired service members to be recalled to active duty at the direction of the defense secretary for potential court-martial or other administrative action.

Kelly, a former U.S. Navy fighter pilot and astronaut who retired at the rank of captain, was one of six lawmakers in the video who previously served in the military or the intelligence community. The clip, posted last Tuesday, directly addressed service members and encouraged them to consider their legal obligations when receiving orders.

The Pentagon said the remarks could undermine military discipline. In a statement posted to social media, the department suggested the comments may have interfered with 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 statement said.

In the video, Kelly tells personnel that they "can refuse illegal orders," while other participants urged troops to "stand up for our laws ... our Constitution." The lawmakers who appear in the clip all have prior military or intelligence experience, and the message was aimed at service members facing orders they believe to be unlawful.

Observers noted that the Pentagon has traditionally sought to maintain an apolitical posture. A direct department review of a sitting member of Congress is unusual and underscores the sensitivity of statements that involve active-duty personnel and military discipline.

The Pentagon's review is ongoing. Depending on the findings, actions could range from administrative measures to recalling eligible retired personnel to active duty for court-martial proceedings.

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