NBC’s Kristen Welker asked Arizona Democrat Sen. Mark Kelly, a former Air Force pilot, whether he would have refused orders to blow up suspected Venezuelan drug smugglers. Kelly does not give a clear answer, trying to distinguish between the initial strikes and reports of a second strike to kill survivors, saying the administration has “tied themselves in knots” over the legality of the strikes. President Trump accused Kelly of sedition and suggested a court-martial over a video last week urging members of the military to disobey orders they believe to be unconstitutional. “People can tell the difference, should be able to tell the difference between something that is unlawful and something that is lawful,” Kelly said. “If I was ever given an unlawful order, I would refuse.” “If you have the time, you can certainly go to the judge advocate generals, the lawyers, and have a discussion about it. If you don’t have time, you just say simply, I’m not going to do that. That’s against the law.” “It’s a tremendous amount of burden on officers in the military. But that is their responsibility. And they can figure it out,” he said.

KRISTEN WELKER: You were a pilot, yourself. You flew 39 combat missions over Iraq and Kuwait. You’re asking officers in the field to make really tough calls about the legality of what they are being asked to do. So I want to put the question to you. If you were still in uniform, if you received an order to strike suspected drug boats overseas and kill everybody onboard, would you refuse that order in real time? SEN. MARK KELLY: Well, let me start by saying I’ve sunk two boats, two ships. I sunk an Osa II missile patrol boat in Kuwait Harbor. I sunk a Polnocny troop carrier in the Persian Gulf, during the first Gulf War. Never once did I question whether those orders were legal or illegal. People can tell the difference, should be able to tell the difference between something that is unlawful and something that is lawful. If I was ever given an unlawful order, I would refuse – I would, you know, maybe, if you have the time, you can certainly go to the judge, advocate generals, the lawyers, and have a discussion about it. If you don’t have time, you just say simply, “I’m not going to do that. That’s against the law.” KRISTEN WELKER: Well, it puts a lot of burden on the troops to make a decision in real time, but it – SEN. MARK KELLY: It’s a tremendous amount of burden on officers in the military. But that is their responsibility. And they can figure it out. You know, a reasonable person can tell something that is legal and something that is illegal. KRISTEN WELKER: So would you refuse these specific orders to strike drug boats, if you were still in uniform? SEN. MARK KELLY: Well, the difference between the initial strike and what is being reported, you know, as a second strike, and those things are different, I think this administration has tied themselves in knots, the explanations that we have received on how this is all legal. And I was saying, weeks ago, my concern is with the service members, that they’re going to – we’re going to put these individuals in a really, really tough decision – tough place. And, you know, they may find out, you know, down the road, that they did something that is illegal. It is not fair to them. That’s why we need presidents and secretary of defense who understand the Constitution, who understand the rule of law, and have more respect for the Constitution, and the country, and service members than the whims of a president.

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