Sen. Mark Kelly declined to label recent U.S. military strikes in Venezuela explicitly "illegal" during a CNN interview, despite earlier urging troops to refuse unlawful orders in a viral video. Kelly said the video addressed individual service members assessing the lawfulness of specific orders and raised constitutional concerns about using major military force in what might be framed as a law-enforcement action. He also criticized the administration for an apparent lack of planning after Maduro's removal and noted Delcy Rodríguez appears to have filled the power vacuum. Fox-affiliated commentator Pete Hegseth announced a formal censure and called for a review of Kelly's retirement rank and pension.
Sen. Mark Kelly Declines To Call Venezuela Raid 'Illegal,' Raises Constitutional Questions
Several Democratic lawmakers claimed President Donald Trump's Venezuela operation was "illegal" and an impeachable offense.
Sen. Mark Kelly (D-Ariz.) stopped short on Tuesday of joining other Democrats in explicitly calling recent U.S. military strikes in Venezuela "illegal," despite previously appearing in a widely shared video urging service members to refuse what he described as illegal orders.
President Donald Trump over the weekend announced a military operation in Caracas that his administration said resulted in the capture of Venezuelan President Nicolás Maduro and his wife. In the days after the operation, several progressive Democrats characterized the raid as unlawful and suggested it could be an impeachable offense.
Sen. Mark Kelly, D-Ariz., was part of a viral video calling on service members to "refuse illegal orders."
Kelly's Response
Speaking to CNN's The Lead with Jake Tapper, Kelly said the earlier video was aimed at individual service members wrestling with a specific order and whether it is lawful. "So, what we were talking about in the video is about a service member being given a specific order and having to make a decision about whether this is lawful or not," he told Tapper.
"And this is like the reasonable person theory. What you're getting at is constitutional questions. Can a president try to do a law enforcement action on a head of state, but use 150 airplanes and the full force of the U.S. military to do that? So, these are two different things."
Kelly added that while he considers Maduro a harmful actor—"Maduro is a bad guy, and it's good that he's gone"—he criticized the operation's follow-through, saying the administration appeared to lack a plan for what would come next. He noted that Delcy Rodríguez, Maduro's No. 2, appears to have assumed power in the aftermath, comparing the transition to a naval pattern where an executive officer simply becomes commanding officer.
Secretary of War Pete Hegseth announced Monday that Sen. Mark Kelly, a former Navy captain, would be receiving a formal letter of censure.
Political Fallout
Kelly was one of six Democratic lawmakers who featured in a viral video urging service members that they "can refuse illegal orders" or "must refuse illegal orders." The participants did not offer concrete examples of orders they considered illegal.
Pete Hegseth, a Fox News host and critic of the lawmakers' video, announced that Kelly would receive a formal censure letter and said a review of Kelly's retirement rank and pension should be considered. Hegseth described the video as "reckless and seditious" and argued that Kelly, as a retired Navy officer receiving a pension, remains accountable to military standards. Fox News Digital reported Hegseth's statement and said the review would be completed within 45 days.
Fox News Digital reached out to Kelly's office for comment.
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