Pentagon threatens to recall Sen. Mark Kelly to military service for court martial in wake of illegal orders video
Source: cnn
Pentagon threatens to recall Sen. Mark Kelly to military service for court martial in wake of illegal orders video
Source: cnn
49 Comments
The Pentagon said Monday that it is [investigating Democratic Sen. Mark Kelly](https://www.cnn.com/2025/11/24/politics/kelly-recall-service-pentagon?utm_medium=social&utm_campaign=missions&utm_source=reddit), a retired US Navy captain, in light of “serious allegations of misconduct” the department has received against him, and could even recall him to active duty to face a court martial or administrative punishment.
The investigation comes as President Donald Trump has been pushing relentlessly for consequences for Kelly and other Democratic lawmakers over a video they made reminding servicemembers of their duty to disobey illegal orders, calling their actions “seditious” and “treason.”
Because Kelly was a senior officer who retired from the Navy, he is required to remain available for recall to the military by law.
In a statement announcing the review, the Defense Department seemingly alluded to the video.
“All servicemembers are reminded that they have a legal obligation under the UCMJ (Uniform Code of Military Justice) to obey lawful orders and that orders are presumed to be lawful,” the statement said.
“A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Although the video released by the Democratic lawmakers didn’t reference what orders service members might be receiving that would potentially be illegal, lawmakers on both sides of the aisle have raised concerns repeatedly about the legality of US military strikes against suspected drug boats in the Caribbean and the US military’s deployment to cities across the US over the protest of governors.
Punishing honorable servicemen now. This is nuts really. They basically can’t recall him.
Recalling someone to active duty is primarily done through an official process initiated by the military, usually requiring a declaration of war or national emergency. During peacetime, there are programs for voluntary recalls or specific, critical needs, though involuntary recall is generally limited.
Hey military people…. you may have to make a choice in the near future.
Federal law prohibits members of Congress from holding simultaneous service in the armed forces.
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Ah yes, fascism. They hate the first amendment.
That would be an excellent way to make him the immediate 2028 front runner.
Sadly a military show trial of a sitting senator would be deadly to the current positive view the public has of the military.
“All servicemembers are reminded that they have a legal obligation under the UCMJ (Uniform Code of Military Justice) to obey lawful orders and that orders are presumed to be lawful,” the statement said.
This is 1984 shit. It is lawful because it is an order and it is an order because it is lawful. They’ll memory hole every instance of our justice system saying explicitly opposite.
The Pentagon is going to recall and Court Martial Senator Kelly for simply reiterating that service members should only follow legal orders? Meanwhile over in Treason land Gen. Flynn continues to walk around a free man.
Guys, I’m starting to think the current administration is not a group of serious people.
> Pentagon threatens to recall Sen. Mark Kelly to military service for court martial in wake of illegal orders video
Sounds like that would be an illegal order, and for a nefarious purpose.
He’s immune due to the speech and debate clause but more importantly what he said is simply factually true. Members of the armed forces are required to disobey unlawful orders.
Do these people seriously not realize they have to leave office eventually. Like wtf. Are they so delusional that they think any of this vindictive petty shit is normal or not going to come back to bite them?
Multiple folks in that video are former military, any ideas why they’re focusing on recalling him and not any of the others?
Like, is there something that makes him easier to recall or is it just that he’s a higher-profile name?
If they got away with this, they can start prosecuting veterans who protest at “No Kings” rallies or other forms of lawful and civil disobedience. Stating facts, and even opinions, is not misconduct.
They’re making this up as they go along.
They should have done the that for the Flynn Brothers
Gotta make sure Lindsey Halligan’s commissioned to handle the court martial. Trump admin only goes with the best!
This is literally a plot line from the Sound of Music.
You mean Mark Kelly the distinguished Navy combat pilot, astronaut, Commander of the ISS and all-American hero? *That* Mark Kelly? LOL WTF is wrong with your country lads?
I want Mark Kelly to run for president in 2028 and this is a sure fire way to guarantee he is elected, so in the words of Presidential candidate Barack Obama, “Proceed, Governor.”
Do it. No way any military court finds his actual words a problem.
Still waiting on the IG investigation of Hegseth’s authorized dissemination of classified material on an UNCLASS system. Congress was supposed to have the report by end of September. Shutdown overshadowed everything but the findings need to be released to the public.
This response suggests Hegseth does not respect the soldiers or the oaths its members take and that he would order them to violate their oaths.
Kelly should make a second video.
I’m sure Col. mark Kelly has no problem facing a military court.
If you think Military Regulations are flexible or up for interpretation: it’s not.
Under the Uniform Code of Military Justice, service members are required to obey lawful orders only.
This principle is explicitly grounded in:
Article 90, UCMJ (10 U.S.C. § 890): Willful disobedience of a lawful order from a superior commissioned officer.
Article 91, UCMJ (10 U.S.C. § 891): Disobedience of a lawful order from warrant, NCO, or petty officers.
Article 92, UCMJ (10 U.S.C. § 892): Failure to obey a lawful general order or regulation.
All three articles hinge on the word lawful—meaning an order must be valid under the Constitution, federal law, the UCMJ, and must fall within the issuer’s authority.
The Manual for Courts-Martial (MCM) provides the controlling clarification:
MCM, Part IV, ¶14c(2)(a):
“An order is presumed to be lawful… The presumption does not apply to orders that are illegal on their face.”
MCM, Part IV, ¶14c(2)(b):
“A servicemember has a duty to obey lawful orders, but also a duty to refuse patently illegal orders.”
MCM, R.C.M. 916(d):
Recognizes the defense of obeying orders only if the order was not known to be unlawful and not “manifestly” illegal.
In plain terms:
Orders that violate the Constitution, federal statute, international law, or direct the commission of a crime are unlawful and must not be obeyed.
But borderline or unclear orders must be obeyed, and legality is ultimately determined by a military court—not by personal interpretation.
Recalling a senator to active service to court martial him for exercising his first amendment rights as a private citizen, something totally legal for veterans, but not active service?
There is no part of that sentence we should be comfortable with as a country, and this threat shows Kelly and the others were right to be issuing warnings
I’m sure the American citizens will have something to say if Mark Kelly gets Court Martial/Arrested. This could very well be the “tipping point.”
Hey, military, it’s okay to start pushing back on this administration. For real. Any day now.
Who says? Pete kKegsbreath? The Fox Entertainment ‘News’ host, cosplaying as SecDef? My father, buried at Arlington, is rolling in his grave with this clown car in charge of the military.
Is there really any question that Trump is a Fascist?? Nuremberg has already established that ‘following orders’ is not an excuse for illegal activity.
The Republican Party is the enemy from within.
>I do Solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
We all know that there are shit Presidents. When this oath is not upheld, those Presidents need to be held to account. First by Congress. Then by the people. The president is supposed to fear us, and not the other way around. To quote Jefferson:
>When governments fear the people, there is liberty. When the people fear the government, there is tyranny.
We do not need to tolerate this shit from our employees. It’s time Congress dresses him down and makes it clear that he’s going on a leash and subject to a firing while we are not outside of Statues of Limitations on his crimes. Everyone needs to stand and stop being cowards. They expect it will make people shut up and it should really result in a slap down and reversed threat.
Conservatives are such fucking fragile toddlers.
Yeah do it, I’d love to see them try to intimidate a man that has been on the tip of a Saturn V on numerous occasions and watched his wife be nearly murdered. This man has more balls than these chodes could ever dream of.
That’s guys a fucking astronaut.
Trumps a rapist
And his 2nd in command fucks couches
Mark: Show me where the treason is.
Pentagon: Damn, he’s got an airtight case, fellas.
When a government grows so thin-skinned that it threatens to haul a sitting Senator, a veteran, and an astronaut back into uniform for speaking his mind, we are no longer guarding the Republic; we are guarding the pride of men in power.
The First Amendment was not written to protect agreeable words. It was written for moments exactly like this; when truth offends those who most need to hear it.
Fucking insanity. Imo this is one of the most alarming things this regime has done so far.
This sends the message that this administration wants the military to follow unlawful orders!
I imagine an order to recall him solely for the purpose of political persecution over free speech could be considered an illegal order as well
They would need to prove that his suggestion to uphold the constitution against any illegal orders is somehow illegal. It’s not.
He should immediately announce a presidential run and start screaming about election interference.
All this administration seems to do is carry out revenge campaigns and identity politics. There literally seems to be no other purpose to this administration.
There’s no governing, no vision, nothing. It’s a bunch of right-wing lunatics that have focused the entire government on revenge campaigns and “woke” identity wars.
Recall a man to silence him and you only amplify his voice. Mark Kelly has served his nation in air, in space, and now in Congress. If this moment is meant to intimidate him, it may instead forge him. History has a habit of choosing its champions at the hour of greatest pressure. Should he rise to meet it, he may become exactly the leader the Democratic Party needs, and a candidate worthy of the nation’s trust.
No courts martial will ev er convict Kelly of anything. Hegseth and Trump and Fox News can lie all they want but no court, martial or otherwise is going to listen to their silly lies.
Recalling retired vets for political persecution has to be the worst enlistment advertisement I could think of.
Go for it. He will eat them up. The law is with Kelly.
Backfire in 3… 2… 1…
Let me fix the headline, “Pentagon threatens unlawful litigation against Mark Kelly for telling people to follow the law”
Telling soldiers to obey the Constitution is a criminal offense