Mark Kelly defends ‘illegal orders’ stance, tells Jimmy Kimmel he’s 'not backing down'

Mark Kelly defended the viral video urging troops to resist ‘illegal orders’ on Jimmy Kimmel, as he argued military law supported his stance
PUBLISHED NOV 26, 2025
Senator Mark Kelly used a late‑night appearance on Jimmy Kimmel on Tuesday, November 25, to double down on his call for troops to defy 'illegal orders', even as he faced a Pentagon investigation (Screengrab/ABC)
Senator Mark Kelly used a late‑night appearance on Jimmy Kimmel on Tuesday, November 25, to double down on his call for troops to defy 'illegal orders', even as he faced a Pentagon investigation (Screengrab/ABC)


LOS ANGELES, CALIFORNIA: Senator Mark Kelly (D-Ariz) has doubled down on his controversial call for US troops to refuse "illegal orders," telling late-night host Jimmy Kimmel that he will not be intimidated by the Trump administration’s threats of prosecution.

In an appearance on 'Jimmy Kimmel Live!' on Tuesday, November 25, the retired Navy captain and former astronaut defended the viral video he released with five other Democrats, which has sparked a firestorm in Washington and a Pentagon investigation into his conduct.

Despite President Donald Trump labeling the group "traitors" and calling for their arrest, Kelly insisted that his message was "non-controversial" and rooted in established military law.

Mark Kelly says he's not 'backing down'

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)

Speaking to Kimmel, Kelly dismissed the administration's fury as an attempt to silence dissent.

"You can’t keep track of this guy and what he says. I'll tell you this though, I'm not backing down," Kelly declared.

The senator framed the backlash not as a matter of military discipline, but as a personal vendetta. "We said something very simple. Members of the military need to follow the law... His response, kill them," Kelly told the late-night host, referring to Trump's rhetoric.

Senator mocks 'ridiculous' investigation



Kelly appeared to make light of the formal review opened by the Department of War on Monday, which could see him recalled to active duty to face court-martial.

"This is what he can do this week, go after me under the Uniform Code of Military Justice... which is kind of wild because we recited something in the Uniform Code of Military Justice," Kelly argued.

"He is going to prosecute me under the Uniform Code of Military Justice for reciting the Uniform Code of Military Justice. It is so ridiculous, it is like you can’t make this s**t up," he said, brushing aside the Pentagon's concern about the video undermining the chain of command.

Mark Kelly warns of 'authoritarian' playbook



When asked by Kimmel if he was worried, Kelly pivoted to attacking the president's character, claiming that Trump was trying to instill fear in the public.

"It is how democracy dies. It is right out of the playbook... of authoritarianism," Kelly said, agreeing with Kimmel's assessment that the administration's response was "flat-out un-American."

Kelly argued that Trump was sending a message to "shut up and listen to that guy," insisting that loyalty should be to the Constitution, not a person.

Pete Hegseth and Trump maintain pressure



Defense Secretary Pete Hegseth recently mocked Kelly for failing to display his uniform correctly, noting his "reversed" medals and warning of a future inspection.

Meanwhile, President Trump has doubled down on his assessment that the Democrats' video constitutes "sedition," a charge that carries severe penalties for service members found guilty of inciting mutiny.

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