President Donald Trump doubled down late Sunday on his administration’s military investigation into Sen. Mark Kelly, praising a retired Navy commander who argued that a recent video featuring Kelly and other Democrats urging service members not to follow “illegal orders” violated U.S. law.
The Department of Defense — rebranded by Trump as the “Department of War” — announced last week that it had opened proceedings against Kelly, a former Navy captain and astronaut, over the PSA. The Pentagon said the investigation “may include recall to active duty for court-martial proceedings or administrative measures,” an extraordinary step that generated fierce political debate.
Trump quickly endorsed the probe, calling the lawmakers’ actions “SEDITIOUS BEHAVIOR, punishable by DEATH!” — a comment critics said was itself incendiary. Kelly and five other Democrats, in their video, urged military members to refuse unlawful orders, though they did not cite any specific actions by the president.
In his newest post, Trump cheered remarks made by retired Navy Cmdr. Kirk Lippold during an appearance on Fox 5’s News On the Hill. Lippold, known for commanding the USS Cole when it was attacked by terrorists in 2000, blasted the lawmakers’ PSA as improper but also acknowledged that Trump’s administration has no legal basis to recall Kelly for a court-martial.
“When you retire at 20 years or more you serve in the inactive reserves and your entire period of time is 30 years. At that point, you’re totally a civilian,” Lippold said. “So there really is not going to be a basis… to recall him to active duty.”
Still, Lippold said the video clearly violated federal law governing actions that interfere with the morale or discipline of the armed forces. He cited Title 18, Chapter 115, Section 2387 — a statute that prohibits encouraging insubordination or refusal of duty in the military and carries penalties of up to 10 years in prison.
Lippold clarified that sedition, the charge Trump had invoked, legally requires violence and therefore did not apply. But the commander insisted another provision of federal law did. “It’s clear this video was a violation of U.S. law,” he said. “That is something the Department of Justice should be looking into.”
Trump seized on Lippold’s comments, quoting the statute almost verbatim in his Truth Social post. “There are laws that impact our Nation,” Trump wrote, echoing Lippold. “Read Title 18, Chapter 115, Section 2387… up to 10 years.” He closed by calling the retired commander “right on point.”
The PSA that triggered the investigation featured Kelly and several other Democrats, including Rep. Chrissy Houlahan and Rep. Jason Crow — both veterans — telling military and intelligence personnel that U.S. law permits refusing illegal orders. The lawmakers said they were responding to concerns about constitutional norms, not to any particular directive.
But Trump and his allies argue the video crossed a legal and moral line by undermining the chain of command. The Pentagon’s unprecedented move to investigate a sitting senator underscores how sharply tensions have escalated between the administration and congressional Democrats.
As the investigation proceeds — and as Trump amplifies voices calling the video unlawful — the clash over civilian oversight of the military and the conduct of elected officials appears poised to grow even more explosive in the weeks ahead.
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