Pentagon threatens to prosecute Senator Mark Kelly by recalling him to Navy service
Mon, November 24, 2025 at 6:22 PM
Reuters
WASHINGTON (Reuters) -The Pentagon on Monday threatened to recall Senator Mark Kelly, a retired Navy captain, to active duty status in order to prosecute him after saying it received “serious allegations of misconduct.”
The statement did not say what charges Kelly could face if it took such a step. But President Donald Trump last week accused Kelly and other Democratic lawmakers of seditious behavior for urging U.S. troops to refuse any illegal orders. Trump, in a social media post, said the crime was “punishable by DEATH!”
Commentary:
Should the Pentagon open a criminal investigation, those records will be part of the public record.
On the same note, if an actual court martial is initiated, the trial and all of its discovery will become part of the official record.
The record will include discovery created by both the prosecution and the defense in the court martial.
Both parties will have the opportunity to engage in discovery.
The defendant will be entitled to request evidence that justifies the need for a Public Service Announcement regarding Unlawful Orders.
The defense would show evidence detailing any and all lawlessness exhibited by the current administration.
The extended litigation of this issue will provide the public with the opportunity to reflect on the legal, moral, and ethical implications associated with the politicization of the military.
Additionally, soldiers will have the opportunity to testify about the conditions they face in the lower ranks (E-6 and below), where there exists a troubling environment characterized by gang-like behavior, abuse of power, and favoritism, while others who do not conform are marginalized.
