Sen. Mark Kelly, a retired Navy captain, could be recalled to active duty and face court-martial proceedings over what the Defense Department on Monday called “serious allegations of misconduct” that are now under review.
The Pentagon didn’t specify what misconduct charges the Arizona Democrat is accused of committing, but referred to 18 U.S. Code Section 2387, which makes it a crime to engage in activities affecting the U.S. armed forces that promote insubordination or disloyalty within the military.
“Any violations will be addressed through appropriate legal channels,” the Defense Department said in a statement.
Mr. Kelly is at the center of a dispute with the Trump administration over a short video in which he and other Democratic lawmakers urged service members to disobey “illegal” orders they may receive. The video has sparked fierce pushback from the White House.
“I think what they did is really bad. The hatred is pretty strong,” President Trump said Monday on Fox News’ “Brian Kilmeade Show.”
Mr. Trump accused Mr. Kelly and the other Democratic lawmakers in the video — Sen. Elissa Slotkin of Michigan, Rep. Jason Crow of Colorado, Rep. Maggie Goodlander of New Hampshire and Reps. Chris Deluzio and Chrissy Houlahan of Pennsylvania — of telling the troops not to obey the orders of the president, their commander in chief.
“That was a traitorous statement. That was a horrible thing to do. I believe they broke the law very strongly,” Mr. Trump said.
Democrats and some Republicans on Capitol Hill have raised concerns about the legality of U.S. military strikes against suspected drug trafficking boats in the Caribbean, along with deploying National Guard troops to U.S. cities to help crack down on crime.
“All servicemembers are reminded that they have a legal obligation under the [Uniform Code of Military Justice] to obey lawful orders and that orders are presumed to be lawful,” the Defense Department said in a statement. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
