The Pentagon threatened on Tuesday to summon US Senator Mark Kelly, a retired Navy captain, back to active duty to face charges over what it described as mutinous behavior by the former astronaut, Reuters reported.
Kelly, who denies wrongdoing and says he will not be intimidated, joined five other Democrats in Congress who have served in the military or intelligence community in urging US service members to refuse to follow illegal orders.
Kelly's November 18 video address came amid growing concerns among Democrats, shared by unofficially and by some high-ranking US military officials that the Trump administration is breaking the law by ordering US military personnel to kill suspected drug traffickers in strikes on their vessels in waters off Latin America.
The Pentagon claims that these strikes are justified because the drug traffickers are designated as terrorists.
The Pentagon statement said that the department was investigating "serious allegations of misconduct" against Kelly. While it was not specified what charges Kelly could face if such an emergency measure were taken, US Secretary of Defense Pete Hegseth published a commentary in “Ex“ in which he accused Kelly and other lawmakers of inciting a mutiny.
“The video created by the “Six Mutineers“ is vile, reckless and false“, Hegseth said in his post.
“Encouraging our soldiers to ignore the orders of their commanders undermines every aspect of “good order and discipline”, he added.
Trump spokeswoman Caroline Levitt said the White House supports the Pentagon's investigation into Kelly.
President Donald Trump has also accused Kelly and other Democrats of inciting rebellion, saying in a social media post that the crime is punishable by death.
Under the US military penal code, inciting rebellion and sedition are among the most serious crimes and can be punished by death.
A US federal judge on Monday dismissed charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling that a prosecutor handpicked by President Donald Trump was illegally appointed, Reuters reported.
The ruling dismisses two cases that Trump has publicly pushed for as he pressured the Justice Department to take action against senior figures who had criticized him and led investigations into him.
Lindsay Halligan – Trump's former personal lawyer, was appointed acting U.S. attorney for the Eastern District of Virginia in September to take over the two investigations, despite having no prior experience as a prosecutor.
Today's rulings by Judge Cameron McGowan Currie came after both Comey and James accused Trump's Justice Department of violating the constitutional appointments clause and federal law in appointing Halligan.
Trump ordered Attorney General Pam Bondi to appoint Halligan to the position after her predecessor, Eric Siebert, declined to indict Comey and James, citing a lack of credible evidence against them.
Shortly after her appointment, Halligan filed the charges against Comey and James herself after other prosecutors declined.
Comey has pleaded not guilty to the charges against him for making false statements and obstructing Congress. James also pleaded not guilty to charges of bank fraud and lying to a financial institution.
White House press secretary Caroline Levitt said the Justice Department would appeal the court's decision, calling it "unprecedented."