Mark Kelly claims troops ‘can tell’ difference between unlawful and lawful orders amid probe

Mark Kelly claimed troops were ‘legally required’ to refuse illegal orders and stressed that service members must uphold the Constitution
UPDATED NOV 30, 2025
Mark Kelly at NBC's 'Meet the Press' on Sunday, November 30, insisted that service members could tell which orders violated the law (NBC News/YouTube)
Mark Kelly at NBC's 'Meet the Press' on Sunday, November 30, insisted that service members could tell which orders violated the law (NBC News/YouTube)


WASHINGTON, DC: Senator Mark Kelly joined Kristen Welker on NBC's ‘Meet the Press’ on Sunday, November 30, where he discussed the controversial video he and five other Democratic lawmakers recorded, urging troops to disobey "illegal orders." 

Recalling his own time in active duty, he claimed that he had carried out missions including sinking boats and never questioned his orders. However, he said that people “can tell the difference” and “should be able to tell” the difference between things that are lawful and unlawful.  

WASHINGTON, DC - APRIL 29: U.S. Sen. Mark Kelly (D-AZ) listens during a news conference outside the U.S. Capitol on April 29, 2021 in Washington, DC. A bipartisan group of Senators gathered in support of the Military Justice Improvement and Increasing Prevention Act, which would move the decision to prosecute a member of the military from the chain of command to independent, trained, professional military prosecutors. (Photo by Stefani Reynolds/Getty Images)
Sen Mark Kelly (D-AZ) listens during a news conference outside the US Capitol on April 29, 2021, in Washington, DC (Stefani Reynolds/Getty Images)

Mark Kelly claims troops are bound to refuse illegal orders

In reference to the military strike on boats in September, and Pete Hegseth’s alleged order to kill everyone on one of the boats, Welker asked whether Kelly was calling for service members to “actively disobey” such orders.

“If orders are illegal, not only do they not have to follow them, they are legally required not to follow them," he said.

When asked if he thought Hegseth’s order could be considered “illegal,” Kelly said there should be an investigation into it.

The senator further said that he hoped that the way the incident was reported was inaccurate. He also claimed that Hegseth fired many inspector generals in the Department of Defence, but hoped that those who remained would investigate the matter. 

WASHINGTON, DC - FEBRUARY 13: U.S. President Donald Trump listens as Indian Prime Minister Narendra Modi speaks during a joint press conference in the East Room at the White House on February 13, 2025 in Washington, DC. Prime Minister Modi is meeting with President Trump to discuss tariffs and trade relations in the wake of President Trump’s announcement on implementing reciprocal tariffs. (Photo by Alex Wong/Getty Images)
President Donald Trump listens as Indian Prime Minister Narendra Modi speaks during a joint press conference in the East Room at the White House on February 13, 2025, in Washington, DC (Alex Wong/Getty Images)

Mark Kelly terms his video 'non-controversial'

While speaking to Kristen Welker, Mark Kelly discussed the “illegal orders” video made by him and five other Democratic lawmakers.

He stated that in the clip, he said something “simple and non-controversial,” and in response, Donald Trump called for him to be “hanged.”

Kelly added that the president called for his execution, while Pete Hegseth said Kelly should be court-martialled.

“How ridiculous,” he added. 

BRUSSELS, BELGIUM - FEBRUARY 13: US Secretary of Defence Pete Hegseth speaks during a joint press conference held with NATO Secretary General Mark Rutte during the NATO Defense Ministers' meeting on February 13, 2025 in Brussels, Belgium. NATO Defence Ministers are convening in Brussels for a meeting chaired by NATO Secretary General Mark Rutte. Also in attendance is US Defense Secretary Pete Hegseth, marking the first visit to NATO by a member of the new Trump administration. High on the agenda for the allies will be ascertaining how the US intends to influence the trajectory of the war in Ukraine, as the conflict nears the third anniversary since Russia's full-scale invasion. (Photo by Omar Havana/Getty Images)
Secretary of Defence Pete Hegseth speaks during a joint press conference held with NATO Secretary General Mark Rutte during the NATO Defense Ministers' meeting on February 13, 2025, in Brussels, Belgium (Omar Havana/Getty Images)

He said that these statements were “meant to intimidate” since the Democrats were defending the Constitution and the “rule of law.”

Kelly discredited Hegseth’s position as secretary of war, noting that he was “unqualified.” He further said that Donald Trump believed he could “bully and intimidate people,” but that he would not be able to stop Kelly from speaking out and holding him accountable. 

When asked which specific orders Kelly believed were illegal or unlawful, Kelly recalled an incident in 2016 when Trump allegedly said that the US military would “follow his illegal orders.” 

Kelly further accused Trump of allegedly talking about shooting protesters and recalled that the Secretary of Defence stopped him.

“He’s also talked about sending troops into US cities to use those cities and people for training,” Kelly claimed. 

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