The Pentagon on Monday said it is reviewing “serious allegations of misconduct” against US Democratic Senator Mark Kelly.
Kelly, a retired US Navy captain, was one of six Democratic lawmakers who recently urged service members to refuse unlawful orders.
The announcement in a post on the Department of War X account did not detail the allegations against Kelly, but suggested the move is in response to Kelly’s statements: “All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful.”
Kelly said he learned of the investigation via the Pentagon’s social media post on Monday.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Kelly wrote on X.
“I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
Kelly was a combat pilot in the US Navy who served during the first Gulf War and later flew four space missions for Nasa from 2001 to 2011. He is married to former Arizona congresswoman Gabrielle Giffords, who retired after being shot during a 2011 mass shooting.
Even though he retired from the military, he is still subject to the Uniform Code of Military Justice (UCMJ) – a federal law enacted by Congress in 1951 that subjects members of the military to a special set of rules.
It applies to all active-duty members as well as activated National Guard and Reserve members, military academy students and some civilians serving in support of the military during wartime.
It also applies to retirees and gives the military the ability to recall retirees for applicable offences, such as disobeying federal laws that “prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces”.
The Pentagon said on Monday that further action may be taken against Kelly, including a recall to active duty for court-martial or administrative measures.
