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Capt. Kelly should not be punished
By Donald Moskowitz
Jun 26, 2026
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As a former Navy enlisted and officer, I am concerned with Secretary Of Defense (SECDEF) Hegseth's pursuit of punishment for Capt. Mark Kelly saying our military personnel could disobey illegal orders. Capt. Kelly had a distinguished career in the U.S. Navy. He served as a Navy pilot flying combat missions during the Gulf War. Subsequently he was an astronaut piloting two space missions and commanding two more missions.

Capt. Kelly should be able to comment on any matters in accordance with his First Amendment right of freedom of speech.

Also, the Nuremberg Trial of Nazi War criminals in 1945-1946 codified that obedience to military orders was no defense in the conduct of military operations which are criminal, and this makes them illegal. Subsequently the UN formally endorsed the Nuremberg norms.

During the Vietnam War Lt. William Calley was accused of the slaughter of Vietnamese in the My Lai Massacre of March 1968. He tried to use the defense he was acting on the orders of a superior, but a jury found him guilty of murder.

The U.S. Manual of Courts Martial states that service members have a duty to disobey an order that " a man of ordinary sense and understanding would know to be illegal."

SECDEF Hegseth should not impose any punishments on Capt. Kelly for his statement about disobeying illegal orders.