"Well, let me explain this as plainly as I can. This is a question about what would a reasonable person think under these circumstances. Is that the standard? Stewart cut in. That's the standard, Kelly confirmed. It's not nuanced. It's not complicated. If a reasonable person would think that this thing that they are asking me to do is illegal, you have an obligation it's not an option you have an obligation not to follow those orders."
"Kelly appeared on The Daily Show hours after Secretary of Defense Pete Hegseth acted to strip the retired Navy captain and former astronaut of his rank and reduce his military pension. The move came after an investigation into a video in which Kelly appeared alongside other Democratic lawmakers, urging those in the military not to comply with any potentially illegal orders issued by the Trump administration. Discussing the video, Stewart asked Kelly if there was anything he would do differently in retrospect. The senator said the video was right and the message was important."
"So are the boat strikes illegal? Well, so I've been asking this question for a long time on the Armed Services and the Intelligence Committee. They have some complicated legal rationale, 40 pages, of why these [strikes] are legal. It's questionable at best, he began."
A retired Navy captain and former astronaut had rank and pension reduced after an investigation into a video urging military personnel not to follow potentially illegal orders. The same senator defended the video and maintained its message was important. A televised exchange questioned whether strikes on alleged drug-trafficking boats would obligate service members to refuse orders. The senator endorsed a "reasonable person" standard: if a reasonable person would view an order as illegal, service members have an obligation to refuse. Legal justifications for the strikes include a complicated, roughly 40-page rationale that remains contested.
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