Can Democratic Senator Mark Kelly Be Recalled to Active Duty? Here's What the Law Says

If there is one thing Secretary of War Pete Hegseth loves, it's acting out in order to impress President Donald Trump. We suspect Hegseth is feeling the heat from multiple failures, which is why he's turned his Eye of Sauron toward Senator Mark Kelly (D-Ariz.). It all began when Kelly and a handful of fellow Democratic lawmakers filmed a helpful public service announcement aimed at active members of the military and intelligence professionals.

In the PSA, these politicians said Trump's administration is pitting uniformed military and intelligence community professionals against American citizens. "Our laws our clear," says Kelly. "You can refuse illegal orders." Following the release of this video, Trump accused these lawmakers of sedition in a post to Truth Social. Hegseth then targeted Kelly by expressing an interest in recalling the senator to active duty so he can be prosecuted. Can Hegseth do that? Here's what we know.

In what feels like Hegseth trying to make fetch happen, he called the lawmakers in the PSA the "Seditious Six" in a re-post to X (formerly Twitter). Hegseth went on to say that because five of the six lawmakers do not fall under Department of War jurisdiction, they are no longer subject to the Uniform Code of Military Justice (UCMJ). According to Hegseth, Kelly is.

Hegseth was commenting on a statement from the Department of War that was posted to X, which cited 10 U.S.C. § 688. This says the Secretary of Defense can order a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps to active duty at any time. It's worth noting that Article 92 of the UCMJ requires U.S. service members to disobey illegal orders, not any order in general, which is what the PSA was reiterating.

If Kelly is recalled to active duty in order to be prosecuted, he could stand trial. A court-martial is what a criminal trial in the military is called. In the post to X, the Department of War said they have "received serious allegations of misconduct" against Kelly, adding that a "thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures."

In his own post to X, Kelly shared that Hegseth's reshared post was the first he was hearing about the investigation. "I also saw the president’s posts saying I should be arrested, hanged, and put to death," wrote Kelly. "If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."

Kelly then appeared on Rachel Maddow's show, where she asked him how this was impacting his family and loved ones. The senator reminded Maddow that this is nothing compared to the actual stressful situations he's endured in the past. "Rachel, I've had a missile blown up next to my airplane, been nearly shot down multiple times, and flown a rocket ship into space four times that was built by the lowest bidder."