Senator Mark Kelly (D-Ariz.) faced intense questioning during an appearance on NBC’s ‘Meet the Press’ regarding his recent call for military service members to refuse what he describes as illegal orders. This interview, aired on October 15, 2023, highlighted the complexities service members might encounter when determining the legality of orders given in high-pressure situations.
During the interview, host Kristen Welker pressed Kelly on whether he would have refused a potentially unlawful order had he still been in uniform. This inquiry followed a video released earlier this month, in which Kelly and five other Democratic lawmakers urged military personnel to reject illegal commands from the administration of former President Donald Trump. Kelly, who has extensive military experience as a former pilot with 39 combat missions over Iraq and Kuwait, emphasized the moral and legal responsibilities that service members bear while executing orders.
Welker posed a pointed question regarding a hypothetical scenario: if Kelly were still active duty and received an order to strike vessels suspected of drug trafficking, would he comply or refuse? Kelly acknowledged the burden placed on military officers to make such critical decisions in real time, stating, “A reasonable person can tell the difference between something that is unlawful and something that is lawful.” He added, “If I was ever given an unlawful order, I would refuse.”
Kelly articulated his belief that service members should have the opportunity to consult with legal advisors when possible. He remarked, “If you don’t have time, you just say simply, I’m not going to do that. That’s against the law.” This emphasis on legal compliance reflects a broader concern he has regarding the potential repercussions for military members who might later discover that their actions were illegal.
The discussion took a contentious turn when Welker noted that Kelly’s comments place a significant responsibility on military officers. Kelly responded by reinforcing that understanding the law is an inherent duty of military personnel. He asserted, “It’s a tremendous amount of burden on officers in the military, but that is their responsibility.”
In response to the ongoing debate about military conduct and the legality of orders, Kelly expressed concerns over the administration’s handling of military operations. He stated, “The administration has tied themselves in knots regarding how this is all legal,” highlighting his worry that service members could find themselves in compromising situations due to ambiguous directives from leadership.
Kelly further contended that it is not fair to place service members in positions where they might later be judged for actions taken under potentially unlawful orders. He called for leadership that respects the Constitution and the rule of law, stating, “We need a president and secretary of defense who understand the Constitution.”
The Pentagon’s investigation into the video encouraging service members to defy illegal orders has raised questions among legal experts about the implications for Kelly and his colleagues. Following Trump’s accusation of seditious behavior against the lawmakers, the situation remains charged.
In a subsequent appearance on Jimmy Kimmel Live!, Kelly reiterated his stance, declaring, “Members of the military need to follow the law.” He emphasized his commitment to supporting military personnel faced with challenging legal dilemmas, dismissing Trump’s response as unhelpful.
As discussions continue around the implications of lawful military orders, Kelly’s position reflects a critical viewpoint on the responsibilities of service members and their leaders. The ongoing dialogue underscores the importance of aligning military actions with legal and ethical standards, ensuring that those who serve are not placed in jeopardy by ambiguous commands.
