Mark Kelly is the only one of the six lawmakers who can be recalled to active military duty and court-martialed.

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Kelly is the only one still in retired status subject to UCMJ jurisdiction. The four House members (Crow, Sherrill, Gallego, Houlahan) separated from service without retirement—they're veterans but not retirees, so UCMJ doesn't apply. Slotkin worked for CIA as a civilian, never subject to military law. Kelly retired as a Navy captain after 25 years, making him recallable to active duty for court-martial. This legal distinction is why Hegseth singled out Kelly. The Pentagon can't prosecute the other five under military law. the investigation's selective nature: Hegseth ignored five people who said identical words because he lacked jurisdiction, while targeting the one person he could reach through UCMJ.

Mark Kelly is the only one of the six lawmakers who can be recalled to active military duty and court-martialed.

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