ICYMI: Bipartisan Backlash to Pentagon Investigation of Sen. Mark Kelly

The Pentagon’s announcement of a potential UCMJ investigation into Senator Mark Kelly — a retired Navy Captain, combat veteran, and former astronaut — has drawn swift condemnation from across the political spectrum. Kelly’s alleged offense? Reminding service members of their duty to refuse unlawful orders.

The backlash has been immediate and bipartisan. Current and former members of Congress, military veterans, and conservative commentators have united in calling the investigation a dangerous abuse of power and an assault on free speech. Critics warn that targeting a sitting senator for stating well-established military law sets a chilling precedent for anyone who dares to speak out.

Conservative Commentators

John Podhoretz, Editor of Commentary, wrote: “Speech and Debate Clause, among 10,000 other reasons whoever wrote this should be impeached.”

David French, New York Times Columnist, wrote: “Absurd. If they recall Sen. Kelly it will be a gross abuse of power. He merely stated the law. Soldiers are not required to follow manifestly unlawful orders. It is a not a violation of the law to state the law.”

Billy Binion, Reason magazine, wrote: “All of the people who said they cared about lawfare 5 seconds ago should be up in arms over this. Mark Kelly has a First Amendment right to express his opinion. This administration truly detest freedom of speech.”

Bill Kristol, Editor at large at The Bulwark, called the investigation “Naked authoritarianism.”

Rick Wilson, co-founder of The Lincoln Project, wrote to Hegseth: “This is going to blow back on you so badly.”

Erick Erickson, conservative Republican radio broadcaster wrote: “First, I still find the whole "Department of War" thing nonsensical since Congress hasn't changed the name.  But, like the name change, this too is performance, and you guys who think it is fine are going to be unhappy when even Republican Senators decide enough is enough.”

Current and Former Members of Congress

Former Rep. Justin Amash (R-MI) wrote: “The chances of a successful prosecution here are zero point zero percent. Everything with this administration is performative nonsense to cater to an ever-shrinking base. We don’t live in North Korea. Anyone here can freely state that service members must refuse unlawful orders.”

Former Rep. Denver Riggleman (R-VA), an Air Force veteran, wrote: “Any veteran should see this nonsense from a loser for what it is… If this cosplaying DoD starts court martial proceedings against sitting senators for 1A rights and misrepresenting words there will be serious problems nationwide. The cascading effect will be brutal.”

Former Rep. Joe Walsh (R-IL), who recently left the Republican Party, wrote: “All military personnel have a duty to not obey unlawful orders. That’s all the ‘Patriotic Six’ said. Like everything else you do, this is just performative bullshit for your base. You’re an unserious mouthpiece for an utterly unfit Commander In Chief.”

Former Rep. Conor Lamb (D-PA), a US Marine veteran, wrote: “This is how they treat a retired officer and Senator who spoke up. Imagine how impossible it is for junior officers to question anything that’s happening.”

Former Rep. Adam Kinzinger (R-IL), a US Air Force veteran, wrote to Hegseth: “This won’t end how you think it will.”

Sen. Ruben Gallego (D-AZ) called the investigation “insane” and told Sec. Def. Hegseth that he would not be intimidated into silence. Sen. Gallego also wrote: “.@CaptMarkKelly has dedicated his life to serving this country with honor. And now Trump is coming after him with the same baseless garbage he throws at anyone who refuses to bend the knee. Mark told the truth — in America, we swear an oath to the Constitution, not wannabe kings.”

Rep. Eugene Vindman (D-VA), a US Army veteran, wrote: “The Trump retribution and retaliation campaign is in full swing. Members of Congress will not be silenced by Trump and his incompetent Defense Secretary who should have resigned after Signalgate.”

Former Rep. Elaine Luria (D-VA), a US Navy veteran, wrote: “If they want to recall @SenMarkKelly, they better be prepared to recall all of us.”

Organizations

Foundation for Individual Rights and Expression (FIRE): The Pentagon’s actions are clear retaliation for something Sen. Kelly is entirely within his rights to say. America’s servicemembers already take an oath to uphold the Constitution, which includes not following illegal orders. The argument that the video’s message is sedition, or otherwise unprotected by the First Amendment, is flatly wrong.

Common Defense: “The Pentagon’s ‘review’ into Sen. Mark Kelly (Ret. Navy Capt.) is an assault on free speech and the military oath. He only reminded troops of their basic training: DO NOT FOLLOW ILLEGAL ORDERS. They’re punishing a veteran for upholding the rule of law.”