The Pentagon's investigation of Sen. Mark Kelly over a video that urges American troops to defy "illegal orders" has raised a slew of questions, and some criticism, from legal experts.See a breakdown of the story in the video aboveSome say the Pentagon is misreading military law to go after Kelly as a retired Navy fighter pilot. 'He did it as a civilian'Charles Dunlap, a Duke University law professor and retired Air Force lawyer, said in an email that military law can restrict speech for service members that is protected for civilians under the First Amendment.But even if the video was found to have violated military law, a key issue may be whether the law can be applied to someone who is retired, Dunlap said.A group of former military lawyers, the Former JAGs Working Group, said in a statement that Kelly did not violate the Uniform Code of Military Justice. Kelly has pointedly questioned the use of the military to attack alleged drug boats off South America's coast, saying he was worried about the military officers involved with the mission and whether they were following orders that may have been illegal.Michael O'Hanlon, director of research in the foreign policy program at the Brookings Institution, said any case brought against Kelly likely would be thrown out or end in an acquittal.O'Hanlon said it might not have been politically smart to "wave a red flag in front of the bull," but he does not see the legal grounds for a court-martial.
Author: Ben Finley And Gary Fields
Published at: 2025-11-29 22:14:17
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