Pentagon threatens Democrat Mark Kelly with court martial for calling for military disobedience
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The U.S. Department of Defense threatened Arizona Senator Mark Kelly with a court-martial a week after the retired Navy commander participated, along with five other Democratic lawmakers, in a video urging U.S. military personnel to refuse to obey government orders when These are “illegal.”
The uproar over these words reached the administration, so the Pentagon issued a statement assuring that: “A thorough review of these allegations has been initiated to determine further action, which may include reinstatement to active duty for prosecution before a military court or administrative measures. This matter will be handled in accordance with military law, ensuring due process and impartiality.”
The measure comes at a time of high political tension and amid questions about the authority and limits of public discourse by former career officers under military jurisdiction, even if they currently hold civilian positions.
The Pentagon's position is based on a federal law that empowers the Department of Defense to recall retired military personnel to active duty on suspicion of criminal offenses, which could result in a court-martial or administrative sanctions.
In the video released last week, the six legislators emphasize that the members of the The armed forces are obligated to “defend the Constitution” and “disobey illegal orders,” even if they come from Trump, who as president is commander-in-chief of the military, although they never specify which specific orders they are referring to. Since his return to power in January, Trump has ordered the military to deploy in various cities across the country, mostly governed by Democrats, arguing that this is to quell riots that he believes are out of control and backed by the “radical left.”a line of reasoning deemed invalid by various courts that have blocked these deployments.
The Pentagon pointed out that “retired military personnel remain subject to the Uniform Code of Military Justice (UCMJ) for applicable offenses” and that there are federal laws that “prohibit actions intended to interfere with loyalty, morale, or good order and discipline within the armed forces.”
After the Trump administration's position became public, Mark Kelly himself asserted that “the War Department is targeting me because they don't like what I say… When I was 22, I swore allegiance to the Constitution. Since then, I have kept that oath every day.”
“If Trump tries to intimidate me into not doing my job, it won't work… I have given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” he stated in a public message.

