President Trump warned that Democratic lawmakers who posted a video calling for US troops to refuse unlawful orders faced "serious trouble." Now, the Pentagon says it is investigating one of them, Sen. Mark Kelly of Arizona, for possible breaches of military law, per the AP. The Pentagon statement cited a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures. Kelly served in the US Navy as a fighter pilot before going on to become an astronaut. He retired at the rank of captain.
It is extraordinary for the Pentagon to directly threaten a sitting member of Congress with investigation. In its statement, the Pentagon suggested that Kelly's statements in the video interfered with the "loyalty, morale, or good order and discipline of the armed forces" by citing the federal law that prohibits such actions. "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 that was posted last Tuesday, Kelly was one of six lawmakers who served in the military or intelligence community to speak "directly to members of the military." Kelly told troops that "you can refuse illegal orders," and other lawmakers said that they needed troops to "stand up for our laws ... our Constitution."