By Phil Stewart
In a surprising move, the Pentagon on Monday announced it may bring Senator Mark Kelly back to active military duty in order to pursue a prosecution against him, following “serious allegations of misconduct.” However, in the announcement, the specifics regarding any potential charges against Kelly haven’t been disclosed. Currently, his office has no comments regarding the allegations.
Just last week, former President Donald Trump accused Kelly alongside other Democrats of engaging in seditious actions for suggesting that U.S. military personnel should reject illegal orders. Trump even took to social media to declare that such actions could be “punishable by DEATH!”
In a video posted on November 18, Kelly aimed his message at military members and the intelligence community, joining five fellow lawmakers in calling on troops to resist unlawful orders, while also reminding them of their commitment to the U.S. Constitution.
Democratic representatives have sharply critiqued Trump’s military operations targeting alleged drug traffickers in the southern Caribbean and Pacific regions, expressing legal concerns about these military actions. Moreover, they worry that Trump may consider escalating hostility towards Venezuela.
All six lawmakers involved have backgrounds in national security and military service, but the Pentagon has highlighted that only retired Navy officer Kelly faces potential recall for active service.
Defense Secretary Pete Hegseth expressed strong views against the video lecture from what he referred to as the ‘Seditious Six’, describing it as dreadful, reckless, and untrue on X.
“Encouraging our servicemen and women to defy their commander’s orders jeopardizes order and discipline within our ranks,” Hegseth stated.
This recent threat concerning Kelly seems to follow the dismissal of various high-ranking military officials at the Pentagon, including the Chairman of the Joint Chiefs of Staff, the Navy Chief, and the NSA Director. Such a within-the-ranks recall could send a signal to recently ousted members who have yet to speak out after their removals.
Revoking Kelly’s status could raise troubling questions about free speech rights and the principle of separation of powers under the Constitution. Furthermore, this could illustrate the current administration’s tendencies toward penalizing what it perceives as political opposition.
Since resuming his presidential role in January, Trump has at times called for the imprisonment of his opponents; his DOJ has targeted figures such as former officials John Bolton and James Comey.
In a notable incident from November 2021, Trump defended supporters who chanted to hang Vice President Mike Pence during the January 6 riot at the Capitol.
The Pentagon issued a reminder that all retired service members remain subject to recall under the law.
“All service members should remember they have a legal responsibility under the UCMJ (Uniform Code of Military Justice) to follow lawful orders, as they are presumed to be lawful. Personal beliefs do not serve as justification for defying legitimate orders,” stated the Pentagon.
