Yes, President Trump called for Senator Mark Kelly and other lawmakers to face severe consequences, including death, for their video, and the Pentagon is currently investigating Kelly with the possibility of a court-martial
. Trump's Position
Donald Trump publicly labeled the lawmakers' actions as "seditious behavior, punishable by death," and even suggested they should be hanged, indicating he wanted extreme punishment. His comments were a driving force behind the Pentagon's decision to launch a formal review into Senator Kelly's conduct.
Likelihood of a Court Martial
Military experts view the likelihood of a court-martial as highly unlikely, despite the ongoing investigation.
- Legal Hurdles: There are significant constitutional and legal challenges to overcome.
- Incompatibility Clause: The U.S. Constitution's Incompatibility Clause generally prohibits a person from holding a military office and a congressional position simultaneously, making a recall complicated.
- Unlawful Command Influence: Legal experts have pointed out that the public comments by high-ranking officials like the Secretary of Defense and the President could be seen as "unlawful command influence," which would likely taint and disqualify any potential proceedings.
- Protected Speech: Kelly's statements were general reminders of existing law—that service members must refuse unlawful orders—which is generally considered protected speech, especially as a sitting member of Congress.
- Procedural Difficulty: While retired officers can technically be recalled to active duty, it is an extraordinary measure usually reserved for wartime or specific serious crimes committed after retirement, and doing so for this incident would be unprecedented.
- Political Nature: The effort is widely seen as politically motivated, with military and legal experts expressing strong skepticism about the legal basis for the charges.
In short, while the Pentagon is conducting a review and the possibility exists on paper, the numerous legal and constitutional obstacles make an actual court-martial very improbable.
