Pentagon says it might recall Sen. Mark Kelly to military service for court martial over ‘illegal orders’ video

The Pentagon said Monday that it is investigating Democratic Sen. Mark Kelly, a retired US Navy captain, in light of “serious allegations of misconduct” the department has received against him, and could even recall him to active duty to face a court martial or administrative punishment.

The investigation comes as President Donald Trump has been pushing relentlessly for consequences for Kelly and five other Democratic lawmakers over a video they made reminding servicemembers of their duty to disobey illegal orders.

“All servicemembers are reminded that they have a legal obligation under the UCMJ (Uniform Code of Military Justice) to obey lawful orders and that orders are presumed to be lawful,” the statement said. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”

Troops are required to follow only lawful orders in accordance with the UCMJ. Following an order that might violate the law could open service members up to prosecution, as legal precedent holds that receiving an order alone isn’t a defense, colloquially known as the “Nuremberg defense” as it was deployed by senior members of Adolf Hitler’s leadership team during legal proceedings after World War II.