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Mark Kelly Dodges Calling Maduro's Arrest, Venezuela Strikes 'Illegal'

Senator Mark Kelly hesitated to label recent US military actions in Venezuela as 'illegal'

By Web Desk 08 Jan 2026

Mark Kelly Dodges Calling Maduros Arrest, Venezuela Strikes Illegal

Sen. Mark Kelly, D-Ariz., who once gained attention in a viral clip urging military members to dismiss what he described as "unlawful orders," paused on Tuesday in expressing disagreement with fellow Democrats labelling U.S. military actions in Venezuela as "illegitimate."

This past weekend, President Donald Trump declared a successful military operation in Caracas, which led to the capture of Venezuelan President Nicolás Maduro and his spouse.

Following the operation, several progressives in the Democratic Party denounced Trump's initiative as unlawful and possibly grounds for impeachment.

However, during an appearance on CNN’s "The Lead with Jake Tapper," Kelly refrained from entirely concurring with those conclusions.

"The discussion in the video revolved around a servicemember being given a specific order and having to decide its legality," Kelly stated.

"And this involves what’s known as the reasonable person standard. Your point touches on constitutional matters.

"Is it permissible for a president to conduct a law enforcement operation against a head of state, utilising 150 aircraft and the complete might of the U.S. military? These are distinct issues.

"Although Maduro is unscrupulous, and it’s beneficial that he is no longer in power, it appears the president had no strategy post-Maduro, thereby leading to Maduro’s deputy, Delcy Rodriguez, taking command.

"In the Navy, we refer to this as 'fleeting up,' where the executive officer steps into the commanding role. That’s the current scenario in Venezuela. It’s evident there wasn’t a subsequent plan after Maduro’s removal."

Kelly was among six Democratic lawmakers featured in a viral video advising military personnel, "You can refuse illegal orders," and "You must refuse illegal orders."

Despite this, the lawmakers, including Kelly, have not specified which orders they considered unlawful.

On Monday, Secretary of War Pete Hegseth revealed that Kelly is slated to receive a formal censure notice and has instructed Secretary of the Navy John Phelan to assess the retired Navy captain's rank and retirement pay and report back in a 45-day timeframe.

"Several weeks ago, Sen. Mark Kelly — alongside five congressional colleagues — published a reckless video clearly aimed at disturbing military order and discipline," Hegseth remarked to Fox News Digital.

"As a retired Navy captain receiving a military pension, Captain Kelly remains answerable to military law. The Department of War and the American public anticipate accountability."