Mark Kelly says he 'won't be intimidated' by Trump, Pentagon investigation
WASHINGTON ‒ U.S. Sen. Mark Kelly said he won't be silenced after President Donald Trump's Defense Department opened an investigation into alleged misconduct from the Arizona Democrat that could include recalling the retired U.S. Navy captain to active duty for court-martial proceedings.
Kelly called the threat "absurd" during a Nov. 24 appearance on "The Rachel Maddow Show" on MS NOW. The Pentagon announced the investigation after Kelly and five other Democratic lawmakers, each whom previously served in the military or intelligence community, released a video urging service members to refuse "illegal orders."
"I think it says a lot more about him that it says about me. He doesn't want accountability," Kelly said. "But Rachel, I'm not going to be silenced. I'm not going to be intimidated."
More: Pentagon investigating Sen. Mark Kelly over 'refuse illegal orders' video
To initiate the investigation, the Pentagon cited the Uniform Code of Military Justice , the federal law that outlines the military's criminal code and justice system. The Pentagon said military retirees remain subject to laws that prohibit actions "intended to interfere with the loyalty, morale, or good order and discipline of the armed forces."
"They informed me about this in a tweet, because this is not about the law," Kelly said. "This is about the media cycle, and it's about intimidation, and the whole thing's almost comical ... We're basically repeating the Uniform Code of Justice (in the video) and they're saying that's in violation of the Uniform Code of Military Justice. It's absurd."
The six Democrats, including Kelly, told service members in the video they have the right ‒ and even the obligation ‒ to refuse to carry out orders they believe are unlawful. The lawmakers did not specify which orders could be illegal. Democrats have criticized Trump's deployment of the National Guard to American cities and his extrajudicial strikes on boats in the Caribbean allegedly carrying drugs.
"Our laws are clear. You can refuse illegal orders," Kelly says in the video.
Kelly told Maddow the message was "pretty simple and non-controversial ‒ and that was that members of the military should follow the law."
"And in response to that, Donald Trump said I should be executed. I should be hanged. I should be prosecuted. He even went on and said something about, 'Go get them.' I guess sending a mob to round me and the other folks up," Kelly added.
Trump, in a flurry of social media posts last week, accused the Democratic lawmakers of "SEDITIOUS BEHAVIOR, punishable by DEATH!" Trump later told Fox News' Brian Kilmeade he does not believe the lawmakers should be executed but believes they're in "serious trouble."
More: Trump says he's 'not threatening death' for six 'seditious' Democrats
The White House said it supports the Defense Department's investigation of Kelly and emphasized that the lawmakers have not singled out any unlawful orders.
"You don't want to wait for your kid to get hit by a car before you tell them to look both ways," Kelly said when asked which orders could potentially be illegal. The senator referenced past statements from Trump encouraging the use of military to control protests. "Now he's talking about using the Insurrection Act, sending troops to more cities, using U.S. cities as training grounds and U.S. citizens as training for the United States military."
Other Democrats in the video are Michigan Sen. Elissa Slotkin, a former intelligence officer; Pennsylvania Rep. Chris Deluzio, a former U.S. Navy officer; Pennsylvania Rep. Chrissy Houlahan, a former Air Force officer; New Hampshire Rep. Maggie Goodlander, a former intelligence officer; and Colorado Rep. Jason Crow, a former U.S. Army officer.
Kelly said the video was intended to remind service members "they need to comply with the law" and that members of Congress "have their backs."
"I wanted them to know that members of Congress understand that this president doesn't seem to care about the Constitution, the rule of law," Kelly said. "And I have to say, I don't think there's anything more patriotic than standing up for the Constitution. And right here, right now, this week, the president clearly is not doing that."
Republican Rep. Don Bacon of Nebraska, a frequent Trump critic who is retiring at the end of his term, slammed the Pentagon's investigation in a post on X .
"Amateur hour once again at the Department of Dense," Bacon said. "I thought the video by six Dems was unnecessary and foolish. But the threats of sedition charges and courts martial in response are also crazy. Let’s show some common sense and restraint."
Kelly is married to Gabby Giffords , a former Democratic congresswoman from Arizona who in 2011 survived a gunshot wound to the brain during an assassination attempt that killed six other people.
"We know what political violence is, and we know what causes it, too," Kelly said, accusing Trump of using "inciteful" language in response to the video. He added: "Is it stressful? I've been stressed by more important things than Donald Trump trying to intimidate me."
Reach Joey Garrison on X @joeygarrison.
This article originally appeared on USA TODAY: 'I will not be intimidated,' Sen. Mark Kelly says of Trump's threats
