Friday, December 05, 2025

Are Service Members Justified to Ignore "Illegal Orders"?

Senator Mark Kelly (D-AZ) is the kind of guy most people would admire. He served in the military. He was a fighter pilot as well as a test pilot, and he was an astronaut. That in itself is pretty impressive, but Mark took it a step further when he decided to run for the U.S. Senate (reputed to be the world’s most exclusive club).

However, Mark became severely infected with a potentially lethal disease which affects almost everyone who goes to Washington despite their best intentions. That disease isn’t anything like COVID, TB, or cancer, which can, at least, be treated. No, instead this disease is worse in that it impairs one’s ability to think clearly and rationally. That disease is commonly known “partisanship”.

Normally, most people run for political office with the best of intentions. They or someone they’ve known, had experienced some form of perceived injustice.  Of course, this “injustice” isn’t on the same order as what affects most us (typically more hoops to jump, gas prices, or another tax hike), which certainly distances their concerns from the average voter they allegedly represent.

However, the way the system is set up, it quickly purges itself from anyone who hopes to reform the system or actually serve the voters.  It’s not that the system is broken or anything. Quite the contrary, it functions exactly as intended, which us to represent those with very deep pocket while giving lip service to the masses.

 Congress is, after all, for millionaires despite their annual salary of $174,000 plus bonuses depending on committee assignments and/or positions which can substantially increase their official income. As a rule, if you’re not a millionaire going in (which is rare), you will be coming out. For instance, let’s take a look at Senator Kelly’s income since this article is about him.

Senator Kelly’s net worth is estimated to be around $20.4 million dollars. His biggest donors come from education sector (including the University of Arizona and Arizona State University), Amazon, healthcare, the legal industry, financial services and business consulting (ExxonMobil is a substantial donor). Lastly, the Democratic Party as well as some liberal leaning groups, were also some rather substantial contributors.  He (naturally) has his own leadership PAC called “Liftoff PAC” which, between 2019 and of the end of 2024, had raised about $96,670,347 (as of the end of 2024, it still had around $4.4 million on hand).  

Senator Kelly also serves on some powerful and influential committees such as Energy and Natural Resources (think oil, gas, and coal) as will as Environment and Public Works. However, perhaps the most powerful committee he sits on is the Armed Services Committee which deals with national defense and the military. It is this committee which we are most concerned with given what Senator Kelly said, but before we do that, it’s important to briefly look at his background in order to grasp the gravity of his remarks.

Senator Mark Kelly  was born in 1961 in Orange City, New Jersey. His parents, Richard and Patricia, are both retired police officers. He has a twin brother by the name of Scott. Mark graduated from Mountain High School in 1982. In 1986, he graduated with a Bachelor of Science degree from the U.S. Merchant Marine Academy with the highest honors in the areas of marine engineering and nautical science. In 1994, he obtained a Master of Science degree in aeronautical engineering from the U.S. Naval Postgraduate School.  

From 1987 through 2011, Mark served as a fighter pilot in the U.S. Navy and served on the aircraft carrier, USS Midway. During Operation Desert Storm, he flew 39 combat missions over Iraq. After the war, Kelly then attended the U.S. Navy Test Pilot School where he logged in over 5000 flight hours in more than 50 different types of aircraft and performed 375 carrier based landings. He ultimately rose to the rank of Captain.

Then form 1996 through 2011, Kelly joined NASA as an astronaut (along with his brother, Scott). He served as pilot on the “Endeavor” in 2001 and spent 117 days with his crew onboard the International Space Station. In 2006 he piloted the Shuttle “Discovery” , which he was to command in 2008 and again in 2011.

After retiring from NASA in 2011, Kelly went to work as a consultant in the Aerospace Industry, serving mainly as a consultant and strategic advisor. He was also a co-founder of “World View”, which developed high altitude balloons. The Chinese company Tencent was one of their largest investors. He was also an advisor for Space X, founded by Elon Musk.

Meanwhile, from 2011 through 2016, Mark Kelly became a paid speaker in the U.S. and China, speaking on behalf of Shaklee, a nutritional supplement manufacturer and distributor. He also spoke at Goldman Sachs, the Mortgage Bankers Association, and AmerisourceBergen, a drug manufacturer.  

 Beginning in 2013, Kelly began testing the political waters be getting involved with various groups looking to curtail gun violence (his wife, former Congresswoman Gabby Gifford, had been the victim of gun violence). Kelly is a strong advocate of stricter background checks and efforts to keep guns out of the hands of criminals and the mentally ill.

Finally, in 2020 Mark Kelly ran for the seat formerly held by ex-Navy pilot, Senator John McCain in a special election and won. He publicly refused corporate PAC money but did accept money from corporate executives and lobbyists. He was reelected in 2022.

Given Senator Kelly’s remarkable career, it’s puzzling why he and six other elected Democrat officials (some of whom were former military) made a video in November 2025 urging military service members to disobey what they termed, “illegal orders” by the Commander-in-Chief, President Donald Trump.

The U.S. Department of Defense issued a statement on November 24th that the matter would be investigated for “serious allegations of misconduct” and possible violations of the Uniform Code of Military Justice (commonly known as the “UCMJ”), which covers the conduct all active and retired members of the military. Accordingly, Kelly and the other six Democrats who had previously served in the military could be recalled to face serious disciplinary action up to and including court martial.

 President Trump responded on social media by saying that those individuals who made the video (including Kelly) should be charged with sedition and “hanged”, which seems rather extreme. It should be noted that Kelly voted in February 2021 for Trump to be convicted of inciting an insurrection in his second impeachment trial. Kelly has also been a vocal critic of Trump and his policies.  Obviously, there’s no love lost on either side.

As someone who served in the military (U.S. Navy), I am quite familiar with the UCMJ and consequences of disobeying a direct order from a senior officer (I served on command staff). The military functions on order, discipline, and that include following the chain of command and carrying out your orders. The military is not a democracy or union .You don't get to pick and chose which orders to follow or not. 

As I was repeatedly reminded throughout my time in the military, you are to carry out the orders of your superiors to the best of your ability. It isn’t your job or responsibility to question an order. If you have an objections or question, you are free to bring it to the attention of your ranking officer, but only after having followed through with the order.

For someone like a U.S. Senator (and especially a former military officer) to tell service members to disobey or ignore any order they believe to be “illegal” is to jeopardize the command structure and possibly imperil others as well as put the mission at risk. The average soldier, sailor, airman, or Marine, doesn’t know all the reasons or wherefores of a particular order. They know only what is needed to accomplish a job and nothing more.

At the very minimum, Senator Kelly’s remarks, as well as that of the other  Democrats in the video, were unwarranted and potentially harmful. If they had made those same remarks during a time of war, the consequences could be serious. As it is, it’s possible these individuals could be receive an official reprimand, which would tarnish an otherwise stellar record in Kelly’s case. That seems, at least to me, to be rather extreme and ill-advised on his part just over partisan politics and the irrationality it causes or his personal distain for the Commander-in-Chief.  

 

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