Pentagon threatens to recall Sen. Mark Kelly to military service for court martial over illegal orders video

On Nov. 24, 2025, the Pentagon threatened to recall Sen. Mark Kelly to active military service for potential court martial after he appeared in a video telling service members they can refuse illegal orders. The threat came from Pentagon officials reportedly acting on White House direction. Kelly is a retired Navy captain who hasn't served on active duty since 2011 and has been a civilian for 14 years. The threat represents an unprecedented attempt to court martial a sitting U.S. senator.

Kelly appeared in the video posted Nov. 19, 2025, by Sen. Elissa Slotkin alongside five other Democratic veterans telling service members Our laws are clear. You can refuse illegal orders. Kelly served as a Navy pilot for 25 years, flew combat missions during the Gulf War, and later became a NASA astronaut commanding four Space Shuttle missions. He retired from the Navy in 2011 and has served as 🌵Arizona's U.S. senator since Jan. 2021.

Legal experts say recalling a sitting senator for court martial would be unprecedented in American history and likely unconstitutional. The Uniform Code of Military Justice allows recall of retired military personnel to active duty for court martial only under specific circumstances—typically involving crimes committed while on active duty. Kelly's video was made as a civilian senator exercising First Amendment rights and performing his constitutional duties as a member of Congress.

The threat violates separation of powers by attempting to subject a member of the legislative branch to military justice for performing legislative duties. The Speech or Debate Clause of the Constitution protects members of Congress from arrest or prosecution for legislative acts. Courts have consistently held this protection extends to official communications with constituents and the public. Using military justice to punish a senator for political speech would undermine constitutional checks and balances.

Pentagon spokesperson confirmed on Nov. 24 that the recall threat is under active consideration but declined to provide legal justification or specify what charges Kelly would face. When asked about constitutional concerns, the spokesperson said the White House believes Kelly's video constitutes conduct unbecoming an officer and undermines good order and discipline, legal theories that constitutional scholars say don't apply to retired officers serving as civilians in Congress.

Sen. Kelly responded to the threat on Nov. 24, saying This is an outrageous attempt to intimidate members of Congress for reminding service members of their legal obligations. I took an oath to the Constitution, not to any president. I'll continue speaking truth regardless of threats. Kelly's office said he's consulted with constitutional lawyers who confirm the recall threat lacks legal foundation and would be struck down by courts.

The threat escalates President Trump's Nov. 20 attacks when he called Kelly and five other Democratic veterans traitors who should be executed for the video. Trump posted SEDITIOUS BEHAVIOR, punishable by DEATH! and reposted HANG THEM GEORGE 🌲WASHINGTON WOULD. The Pentagon threat represents Trump's administration moving from rhetoric to action in attempting to punish lawmakers who cite military law about refusing illegal orders.

Other senators in the video—Elissa Slotkin and the four Democratic representatives—haven't received similar threats because they don't have military retirement status that could theoretically be used for recall. Kelly's unique status as a retired military officer makes him vulnerable to this unprecedented intimidation tactic. The selective targeting shows the administration is searching for any legal pretext to punish lawmakers who challenge Trump's authority over the military.