Senator Mark Kelly, a Democrat from Arizona, faced intense questioning regarding his recent comments advocating that military personnel refuse illegal orders during an appearance on NBC’s Meet the Press. The discussion, which aired on October 15, 2023, explored potential scenarios of unlawful commands, compelling Kelly to clarify his position on the responsibilities of military officers in such situations.
During the interview, host Kristen Welker pressed Kelly on whether he would have refused an order to strike suspected drug boats if he were still in uniform. This line of questioning followed a video released earlier this month featuring Kelly and five other Democratic lawmakers, including Elissa Slotkin and Chris Deluzio, that encouraged military members to reject what they termed “illegal orders” from the Trump administration. The video drew sharp criticism from former President Donald Trump, who accused the lawmakers of seditious behavior.
In a response highlighting his military experience, Kelly stated, “Never once did I question whether those orders were legal or illegal” during his service, which included flying 39 combat missions over Iraq and Kuwait. He acknowledged the difficulty faced by officers in making real-time decisions about the legality of orders.
Kelly emphasized the importance of discerning between lawful and unlawful directives, stating, “If I was ever given an unlawful order, I would refuse… you can certainly go to the judge advocate generals, the lawyers, and have a discussion about it.” He noted that if time does not permit, an officer must simply refuse to act against the law.
The conversation turned to the pressures that officers encounter, prompting Welker to remark on the significant burden such decisions impose. Kelly reiterated that military personnel are trained to differentiate between legal and illegal orders. He remarked, “It’s a tremendous amount of burden on officers in the military… a reasonable person can tell something that is legal and something that is illegal.”
When pressed further about the hypothetical drug strike order, Kelly distinguished between initial and subsequent strikes, suggesting that the current administration’s explanations surrounding legality appear convoluted. He voiced concern for military personnel who may later discover their actions were unlawful, stating, “It is not fair to them.” He called for leadership in the executive branch that respects the Constitution and the military.
Kelly has remained steadfast in his position, even addressing late-night host Jimmy Kimmel, asserting, “Members of the military need to follow the law. We wanted to say that we have their backs.” He criticized the president’s response to his stance as aggressive, asserting, “His response, kill them,” referring to Trump’s comments about the lawmakers.
The Pentagon’s investigation into the video encouraging military personnel to defy illegal orders has sparked debate among legal experts. Questions arise regarding the implications of Kelly’s statements and whether any formal actions will be taken against him. The inquiry follows Trump’s social media post accusing Kelly of sedition, a serious charge that has further fueled the controversy.
As this situation unfolds, the dialogue surrounding military orders and the responsibilities of service members continues to evoke strong reactions from both political supporters and opponents. The outcome of the Pentagon’s investigation remains uncertain, but the implications of this discussion on military ethics and legality are profound.
