The Pentagon on Monday threatened to recall U.S. Senator Mark Kelly, a retired Navy captain, to active duty in order to prosecute him for what it described as seditious behaviour by the former astronaut and decorated veteran.
Kelly, who denies any wrongdoing and said in a statement that he would not be intimidated, joined five other Democrats in Congress with backgrounds in the U.S. military and intelligence community in urging U.S. troops to refuse any unlawful orders.
Kelly’s 18 November video message came amid heightened concerns among Democrats, echoed privately by some U.S. military officials, that the Trump administration is violating the law by ordering the U.S. 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.
A Pentagon statement said it was reviewing “serious allegations of misconduct” against Kelly.
While it did not specify what charges Kelly could face if it took such an extraordinary step, U.S. Defence Secretary Pete Hegseth posted remarks on X accusing Kelly and the other lawmakers of sedition.
“The video made by the ‘Seditious Six’ was despicable, reckless, and false,” Hegseth wrote 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 Kelly and the other Democrats of sedition, saying in a social media post that the crime is punishable by death.
Under the Uniform Code of Military Justice, sedition and mutiny are among the most serious offences and can be punishable by death.
Kelly said in a statement that he learned of the threat from 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 with 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,” 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 Kelly follows a purge at the Pentagon of senior members of the U.S. 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 Kelly could also be seen as a message to those recently dismissed officials, who have remained silent following their removals.
It is the latest example of the Trump administration seeking punishment of those the president views as political opponents.
Since returning to the presidency in January, Trump has occasionally called for the imprisonment of adversaries, and his Justice Department has targeted critics.
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