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Pentagon Opens Review That Could Recall Sen. Mark Kelly for Court-Martial Over ‘Illegal Orders’ Video

The highly unusual step tests recall authority and speech protections as the Pentagon cites laws against undermining military discipline.

Overview

  • The Defense Department announced a thorough review of “serious allegations” against Sen. Mark Kelly, saying outcomes could include recall to active duty for court-martial or administrative action.
  • Officials cited retirees’ continued exposure to the Uniform Code of Military Justice and referenced 18 U.S.C. § 2387, which criminalizes efforts to impair military loyalty, morale, or discipline.
  • Defense Secretary Pete Hegseth said Kelly was singled out because, unlike the other Democrats in the video, he is a retired officer still under military jurisdiction and invoked his rank and service.
  • Kelly called the move politically motivated and vowed not to be intimidated, as Democrats defended the video as a restatement of troops’ duty to refuse unlawful orders and reported an uptick in threats, including a bomb threat and death threats.
  • President Trump labeled the video “seditious,” at one point saying it was “punishable by DEATH” before softening that phrasing, while legal experts questioned the feasibility of prosecuting or court-martialing a sitting senator for speech and noted the Pentagon’s action is extraordinary.