Experts doubt the Pentagon can punish Kelly over the 'illegal orders' video

Source: AP

Updated 8:29 AM EST, November 29, 2025


WASHINGTON (AP) — The Pentagon’s investigation of Sen. Mark Kelly over a video that urges American troops to defy “illegal orders” has raised a slew of questions, and some criticism, from legal experts.

Some say the Pentagon is misreading military law to go after Kelly as a retired Navy fighter pilot. Others say the Arizona Democrat cannot be prosecuted as a member of Congress. A group of former military prosecutors insists he did nothing wrong.

The Pentagon announced the investigation last week after President Donald Trump’s social media post accusing Kelly — and the five other Democratic lawmakers in the video — of sedition “punishable by DEATH.” Defense Secretary Pete Hegseth said Kelly was facing investigation because he is the only one in that group who formally retired from the military and is still under the Pentagon’s jurisdiction.

Kelly dismissed the inquiry as the work of “bullies” and said it would not deter him and other members of Congress “from doing our jobs and holding this administration accountable.”

Read more: https://apnews.com/article/kelly-video-pentagon-investigation-trump-sedition-military-4a5ed2d4674d7ed735aa9cb330e22099