Pentagon threatens to prosecute US Senator Mark Kelly over ‘seditious’ video by recalling him to Navy service
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US Democratic Senator Mark Kelly (right) and his wife, former representative Gabby Giffords during an election rally in Phoenix, Arizona, on Nov 4.
PHOTO: AFP
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WASHINGTON - The Pentagon on Nov 24 threatened to recall US Senator Mark Kelly, a retired Navy captain, to active duty status in order to prosecute him after what it described as seditious behaviour
Mr Kelly, who denies any wrongdoing and who said in a statement he would not be intimidated, joined five other Democrats in Congress with backgrounds in the US military and intelligence community to urge US troops to refuse any illegal orders.
Mr Kelly’s Nov 18 video message came amid heightened concerns among Democrats, echoed privately by some US military officials, that the Trump administration is violating the law by ordering the US military to kill suspected drug traffickers in strikes on their vessels in Latin American waters.
The Pentagon says those strikes are justified because the drug smugglers are considered terrorists.
The Pentagon statement said it was reviewing “serious allegations of misconduct” against Mr Kelly. While it did not say what charges Mr Kelly could face if it took such an extraordinary step, US Defence Secretary Pete Hegseth posted remarks on X accusing Mr Kelly and the other lawmakers of sedition.
“The video made by the ‘Seditious Six’ was despicable, reckless, and false,” Defence Secretary Pete Hegseth said on X.
“Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline.’“
President Donald Trump has also accused Mr Kelly and the other Democrats of sedition, saying in a social media post that the crime was punishable by death.
Under the Uniform Code of Military Justice, sedition and mutiny are among the most serious offenses and can be punishable by death.
Vows not to be silenced
Mr Kelly, in a statement, said he learned of the threat from Mr Hegseth’s social media post. He detailed his public service prior to joining the Senate representing Arizona, including 39 combat missions in Operation Desert Storm and four space shuttle flights at Nasa.
“If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work,” Mr Kelly said.
“I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
The threat to prosecute Mr Kelly follows a purge at the Pentagon of senior members of the US military, including the chairman of the Joint Chiefs of Staff, the head of the Navy and the director of the National Security Agency.
The decision to recall and potentially prosecute Mr Kelly could also be seen as a message to those recently dismissed officials, who have stayed silent following their removals.
Legal expert says Kelly has strong case
Ms Rachel VanLandingham, a former Air Force lawyer now at Southwestern Law School, said she had never seen sitting lawmakers called back to the military involuntarily, and that Mr Kelly would have a strong legal case to get a preliminary injunction since there was no evidence of probable cause.
“He has strong legal standing to say ‘Absolutely not. I’m not going to do this’,” Ms VanLandingham said.
Mr Hegseth’s remarks also could undermine any Pentagon effort to prosecute Mr Kelly since they amounted to a clear case of undue command influence and could be used as evidence that Mr Kelly would not be able to get a fair trial, she said.
The prosecution of Mr Kelly would raise questions about free speech rights and the separation of powers under the US Constitution. It is also the latest example of Mr Trump’s administration seeking punishment of those Mr Trump sees as political opponents.
Since returning to the presidency in January, Mr Trump has occasionally called for imprisoning adversaries John Bolton James Comey
A federal judge dismissed criminal charges against Mr Comey on Nov 24.
The Pentagon cautioned that all retired service members could be subject to recall.
“All servicemembers are reminded that they have a legal obligation under the UCMJ (Uniform Code of Military Justice) to obey lawful orders and that orders are presumed to be lawful. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order,” the Pentagon said. REUTERS
