The Defense Department's Case Against Mark Kelly Is Even Dumber Than It Sounds

"This past November, in a 90-second video addressed to service members, Kelly and five other Democratic lawmakers who had served in the military or in intelligence agencies stated that the Constitution was under threat from abroad and here at home, and that "our laws are clear-you can refuse illegal orders. ... You must refuse illegal orders.""

"In response, Trump denounced the video as "SEDITIOUS BEHAVIOR FROM TRAITORS ... punishable by DEATH!" He added, a bit later, "HANG THEM GEORGE WASHINGTON WOULD!""

"Hegseth characteristically chimed in with his own denunciations and, last week, issued a formal letter of censure, which could lead to a demotion of Kelly's rank, reducing his benefits. Kelly could even be recalled to active duty, then court-martialed, an act that would remove his military status entirely and even land the senator in prison."

Senator Mark Kelly and five other former service or intelligence officials urged service members in a 90-second video that the Constitution was under threat and that "our laws are clear—you can refuse illegal orders." The video did not name President Donald Trump, but it came during heightened military threats, particularly toward Venezuela. Trump denounced the video as "seditious behavior from traitors ... punishable by death" and later wrote "HANG THEM GEORGE WASHINGTON WOULD!" Secretary of Defense Pete Hegseth issued a formal censure that could demote Kelly, reduce benefits, recall him to duty, or lead to court-martial and imprisonment. Kelly filed a federal lawsuit against Hegseth, Navy Secretary John Phelan, the Department of Defense, and the Department of the Navy seeking to block enforcement and protect his constitutional rights. Legal analysis indicates the punitive effort lacks a solid legal basis and is unlikely to prevail.

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