Will Senator Mark Kelly Be Forced Back Into Uniform? Pentagon Threatens Legal Action as Federal Judge Drops Bombshell Ruling in Trump-Backed Cases
In a dramatic escalation of tensions between the Pentagon and Capitol Hill, retired Navy Captain and U.S. Senator Mark Kelly is now facing the extraordinary threat of being recalled to active duty to stand trial over what military officials describe as acts of mutiny.
The Pentagon, citing “serious misconduct allegations,” warned last night that Kelly could be court-martialed for joining five fellow Democratic lawmakers—each with past military or intelligence service—in a November 18 video urging U.S. service members to refuse any illegal orders.
Kelly, a former NASA astronaut and decorated naval aviator, has flatly denied wrongdoing and vowed not to yield to what he called “intimidation tactics.” His stance comes amid growing alarm among Democrats and even some senior military leaders over the Trump administration’s directive authorizing lethal strikes against suspected drug traffickers in Latin American waters—operations the White House justifies by labeling traffickers as terrorists.
Defense Secretary Pete Hegseth branded the lawmakers as “the six mutineers,” accusing their video message of being “mean, reckless and false.” He warned that encouraging troops to defy commanders strikes at the core of military discipline, calling it a direct threat to “good order and discipline.”
President Donald Trump doubled down, echoing Hegseth’s rhetoric and asserting on social media that such conduct amounts to incitement—a crime he claimed is “punishable by death” under the Uniform Code of Military Justice.
Meanwhile, in a separate but politically charged development, a federal judge has just dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James. U.S. District Judge Cameron McGone Currie ruled that the prosecutor behind the cases, Lindsay Halligan—a former personal attorney for Trump with no prior prosecutorial experience—was illegally appointed to head Virginia’s Eastern District.
The Justice Department had installed Halligan in September after her predecessor, Eric Siebert, refused to pursue charges, citing a lack of credible evidence. Trump personally ordered Attorney General Pam Bondi to make the appointment after Siebert’s resistance.
Halligan swiftly filed indictments: Comey for allegedly making false statements and obstructing Congress, and James for bank fraud and lying to a financial institution. Both pleaded not guilty.
Judge Curie’s ruling found that Halligan’s appointment violated both the Appointments Clause of the Constitution and federal law—a blow to Trump’s efforts to target political adversaries through the justice system.
White House Press Secretary Caroline Levitt condemned the decision as “unprecedented” and confirmed the administration will appeal. Levitt also reaffirmed the White House’s full backing of the Pentagon’s investigation into Senator Kelly.
As legal and military storm clouds gather, the nation watches a high-stakes constitutional clash unfold—where national security, civil liberties, and the rule of law hang in the balance.
