Senator Mark Kelly’s video, in which he and other Democrats urged soldiers to disobey “illegal orders,” has the attention of the US Department of Defense.
The video was made public last week. Kelly, Representatives Chris Deluzio and Chrissy Houlahan of Pennsylvania, New Hampshire’s Representative Jason Crow, Colorado’s Representative Jason Crow, and Michigan’s Senator Elissa Slotkin are among the six Democratic lawmakers who have previously held positions in the military and intelligence services.
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In a post that came with the video, Slotkin stated on X that they wanted to “interview directly with members of the military and the intelligence community.”
You must defend our Constitution and our laws, according to the American people. Don’t abandon the ship, Slotkin remarked.
Members of the military and the intelligence community are our first priority.
You must defend our Constitution and our laws, American people.
Don’t abandon the ship. pic. twitter.com/N8lW0EpQ7r
The lawmakers claimed in the video that the public’s trust in US intelligence and military services was “in danger.”
The lawmakers claimed that the administration is pitting American professionals in the intelligence and military branches.
You all swore an oath to defend and protect this constitution, just like us. The video continued, “The threats to our constitution are right here at home right now not just coming from abroad.”
You can reject unlawful orders, according to our laws.
The Pentagon has opened an investigation into Kelly’s alleged breaches of military law, which is an unusual move against retired military personnel, in response to the video.
The US Army Manual for Courts-Martial states that “an order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the risk of the subordinate.”
However, that inference does not apply if an officer gives an order that is “patently illegal,” such as ordering the commission of a crime, or is in contravention of the constitution or US law.
Everything we know is presented here:
Mark Kelly, who is he?
Former senior navy officer and pilot who participated in combat missions during the first Gulf War, the Arizona senator.
Kelly took up spaceflight in 2001 and completed four space shuttle missions, two of which were in the capacity of astronaut.
Kelly retired in 2011, moving her rank to the lower rear admiral.
Kelly completed Republican Senator John McCain’s death in his first Senate campaign in 2020. Kelly was re-elected to a full term two years later. He has focused on the military and national security in the Senate.
Is Kelly’s assertion regarding “illegal orders” accurate?
Bruce Fein, a lawyer with a focus on international and constitutional law and who previously served as the Department of Justice’s Associate Deputy Attorney General, said Kelly was “simply echoing the law.”
For instance, a member of the US armed forces is required to disobey a superior’s order, which is obviously illegal. No “following orders” defense exists, Fein claimed.
Lt. William Calley was found guilty of war crimes in the Vietnami civilian massacre of 1968. His “following orders” defense was rejected, he continued.
The Pentagon investigation’s then, what’s the deal?
The Pentagon claimed in a statement that was posted on X on Monday that it had received “serious allegations of misconduct” against Kelly, implying that the video had violated the “loyalty, morale, or good order and discipline of the armed forces.”
Further actions have been initiated, including the recall to active duty for court-martial proceedings or administrative measures, according to the statement. According to the statement, “This matter will be handled in accordance with military law, ensuring due process and impartiality.”
“All service members are urged to obey lawful orders and that they are obligated by the UCMJ [Uniform Code of Military Justice] to do so. The personal philosophy of a service member does not support or justify disobeying a lawful order, it continued.
Defense Secretary Pete Hegseth stated on X that the “seditious six” lawmakers in the video were “despicable, reckless, and false” the same day.
Every aspect of “good order and discipline” is undermined by encouraging our warriors to ignore their commanders. Their foolish screed only encourages doubt and confusion, Hegseth said, adding that only Kelly falls under the purview of the Department of Defense.
Hegseth said Kelly’s actions “discredit the armed forces and will be handled appropriately.”
Kelly is the only lawmaker to have formally retired from the military, which means he can still be called back on active duty or face a court martial for misconduct. All six of the lawmakers served in the military or intelligence agencies.
What has Kelly said about the course of his actions?
Kelly claimed to have “sworn an oath to the Constitution in 1986” in a post on X on Monday.
“I’ve upheld it every day since I retired after 25 years of service.” It won’t work if [President Donald] Trump is attempting to intimidate me. Bullies who care more about power than the Constitution have silenced my country because I gave too much, he claimed.
In a post last week, Kelly claimed that his country “had a missile blow up next to my airplane, been shot at numerous times by anti-aircraft fire, and been launched into orbit.”
Never did I anticipate a President ordering my execution, “. Trump argued that the Constitution is unintelligible, and that everyone is safer for it.
Trump’s statement: what?
The president claimed that the video was “really bad, and Dangerous to our Country” in a post last week on Truth Social.
“SEDITIOUS BEHAVIOR FROM TRAITORS!!” he stated. Trump stated in a separate post that it was “SEDITIOUS BEHAVIOR, punishable by DEATH.”
Trump, however, claimed that he wasn’t threatening death and that the Democrats were in “serious trouble” the day after his comments.
When asked how far the Trump administration could actually pursue its investigation or charge against Kelly, Fein responded that it could “harass Kelly with a spurious investigation or charge.”
Why is this the focus of the Trump administration?
The video sparks outrage as the US military strikes ships suspected of carrying drugs by the Trump administration.
At least 83 people have died as a result of the strikes in the Caribbean Sea and Pacific Ocean.
Democrats on the Senate Judiciary Committee requested at the end of October that the DOJ provide all legal advice regarding the legality of military strikes.
In a letter to Attorney General Pam Bondi that the Reuters news agency saw, they wrote that “summarily killing criminal suspects is prohibited under domestic and international law both during peacetime and during wartime.”
However, a DOJ memo stated that killings committed by service members could not be brought to justice.
Source: Aljazeera
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