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Mark Kelly Faces FBI Review After Video on Refusing Illegal Orders

Senator Mark Kelly (D-AZ) and five other Democratic members of Congress are being asked by the FBI to sit down for interviews after appearing in a video that addressed members of the military refusing illegal orders.

The video has sparked controversy because lawmakers tell members of the military and intelligence community that they can refuse orders that violate the law.  The lawmakers stated they were citing the Uniform Code of Military Justice (UCMJ), which governs military law.

President Donald Trump called it "seditious" behavior and posted on Truth Social: "This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???"

According to Reuters, the FBI has reached out, through top security officials in the House and Senate, to request interviews with all six lawmakers in the video. The lawmakers say they have not been given additional information about the basis for the interviews.

Kelly's Response

During an appearance on The Rachel Maddow Show, Senator Kelly defended his actions and questioned the process.

"How does reciting the UCMJ—which is the Uniform Code of Justice—we basically repeated the Uniform Code of Military Justice, and they're saying that's in violation of the Uniform Code of Military Justice. It's absurd," Kelly said.

“This is about the media cycle, and it's about intimidation," he commented. 

Pete Hegseth, the Secretary of the Department of War, sent an official memo to the Secretary of the Navy requesting a review of Kelly's comments, describing them as "potentially unlawful."

Hegseth has requested that the Navy complete its review and report back by December 10, 2025.

Kelly and the other Democrats maintain they were reminding military members of existing rights under military law.

The Navy's review is expected to be completed by mid-December.

Ericka Piñon

Ericka Pinon is a state and federal reporter for Cactus Politics. She was born and raised in Phoenix, Arizona, and is fluent in both English and Spanish. She is currently studying Journalism and Mass Communications at Arizona State University.

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