Column By Mike Bibb
Appreciate Arizona U.S. Senator Mark Kelly’s (AZ-D) military service. He deserves respect for it. But what about his often-reported remark, “A service member can refuse an order if he believes it is unlawful”?
His op-ed article, “I’m proud to stand alongside the millions of Americans who have answered the call to serve,” was a glowing account of his time as a combat pilot in the Navy. — Gila Herald, Nov. 10, 2026.
He recounted the efforts of various airmen, aircraft carrier crews, and other sailors involved in maintaining the deployment of a mission and its successful return.
Not once did I read that he now believes a service member, enlisted or officer, has the right to refuse to perform any part of the mission if they felt the order or execution of their job was unlawful.
When did his attitude change, or was it present throughout his military career?
Equally important, did Mark ever fail to comply with an order because he believed it was unlawful?
If so, how many times, and what were his motives?
Was he ever involved in a court-martial proceeding?
Just as relevant, did he, as a Navy aviator, have the same information and combat strategy as his superior officers and War Department officials—and the President?
I doubt it. He was basically trained to fly military aircraft, perform the assigned mission, report the results, and stand by to do it again. If necessary.
That was his assignment. He was not in a command position — other than driving the aircraft.
Kelly knew this, as evidenced by his comment: “And then I went on to tell them that military service isn’t usually about the medals; it’s about accomplishing a mission together. In the military, you have a job to do. You train for it, and you count on the people around you to do their jobs too.”
There wasn’t an “Except you don’t have to if you believe it’s an unlawful order” afterthought.
Consequently, to suggest a soldier, sailor, airman, or Marine can willfully disregard a direct order because he wants to is probably a court-martial offense.
The military is not a democratic organization where orders and opinions are decided by a voting majority. It exists for one reason — to defend the country from all enemies — foreign and domestic.
Mr. Kelly appears to have forgotten this point since becoming a member of Congress, where confusion and disagreement appear to be the ordinary way of doing things.
Or, maybe, he’s just blowing smoke to appeal to his liberal Democratic Party base.
I suspect even Democratic Party military members recognize they could get into big trouble if they intentionally neglected to comply with an order issued by a superior officer or non-commissioned officer.
Regardless of what Sen. Mark insists.
However, during a court-martial, the offending military person might call Sen. Kelly to the stand to testify as a witness for the inspiration of the service member’s offense.
I’m sure the trial court would be anxious to learn of the senator’s reasons for announcing such an unusual opinion and how he arrived at that recommendation!
The opinions expressed in this editorial are those of the author.
