Defense department’s court-martial threat against senator blasted as 'complete propaganda'

President Donald Trump’s Department of Defense is now targeting a sitting U.S. Senator, one of six Democratic lawmakers who appeared in a video reminding members of the U.S. Armed Forces and the Intelligence Community of their right to refuse to obey an illegal order.

U.S. Senator Mark Kelly (D-AZ), a retired astronaut and former naval officer, along with the other five said, “threats to our Constitution aren’t just coming from abroad, but from right here at home.”

“Our laws are clear,” they added. “You can refuse illegal orders.”

In an official statement on social media, the Department of Defense alleged it has “received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.).”

It added, “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.” The statement also said, “federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”

President Trump last week in a series of social media posts promoted hanging the six Democrats.

“It’s called seditious behavior at the highest level,” the president also charged. “Each one of these traitors to our Country should be Arrested and put on trial. Their words cannot be allowed to stand – We won’t have a Country anymore!!! An example must be set.”

“Seditious behavior, punishable by death!” he continued.

Critics blasted the Pentagon’s move.

“Sen. Kelly didn’t tell troops to defy lawful orders, he reminded them of their duty to refuse unlawful ones, which is literally what the UCMJ and decades of military precedent require!” wrote The Bulwark’s Evan Rosenfeld. “Pretending that doing so is ‘misconduct’ is complete propaganda and not rooted in law.”

Punchbowl News’ Andrew Desiderio called it “Pretty extraordinary to call out a sitting senator in this way.”

The Bulwark’s Sam Stein labeled it “ham-handed,” and Bill Kristol of Defending Democracy called it “Naked authoritarianism.”

But The Independent’s Andrew Feinberg noted that the video “looks to have been an official one for which [Kelly] would enjoy Speech or Debate immunity.”