The Conversation U.S.
A former Air Force judge explains why a court martial of Sen. Mark Kelly would strip him of key constitutional protections, and why military justice operates under very different rules than civilian courts. https://theconversation.com/if-tried-by-court-martial-senator-accused-of-seditious-behavior-would-be-deprived-of-several-constitutional-rights-271990
If tried by court-martial, senator accused of ‘seditious behavior’ would be deprived of several constitutional rights

US Sen. Mark Kelly correctly articulated military law when he said service members have a duty to not obey unlawful orders, according to a military law scholar.

The Conversation
Dec 18 at 6:31pmWeb
Show threadHistoPol (#HP) 🏴 🇺🇸 🏴Dec 18

#Legal #LawFedi #FediLaw

*Fascinating and Frightning: Towards a #CromwellianFuture*

(1/n)

If tried by court-martial, senator accused of ‘seditious behavior’ would be deprived of several constitutional rights

#JoshuaKastenberg, University of New Mexico

https://theconversation.com/if-tried-by-court-martial-senator-accused-of-seditious-behavior-would-be-deprived-of-several-constitutional-rights-271990

The Department of Defense [#DoD] in late November 2025 announced that it would investigate U.S. Sen. #MarkKelly, a retired #Navy captain and #NASA astronaut, for what Secretary of Defense...

CC @TheConversationUS

Show threadHistoPol (#HP) 🏴 🇺🇸 🏴Dec 18

*Fascinating and Frightning: Towards a #CromwellianFuture*

(2/2)

...#PeteHegseth has called seditious behavior.

The threat of investigation came after Kelly and five other #Democrats, all with military backgrounds, released a video reminding U.S. service members they can disobey illegal orders issued by the #Trump administration..."

Do read on:

https://theconversation.com/if-tried-by-court-martial-senator-accused-of-seditious-behavior-would-be-deprived-of-several-constitutional-rights-271990

@TheConversationUS

If tried by court-martial, senator accused of ‘seditious behavior’ would be deprived of several constitutional rights

US Sen. Mark Kelly correctly articulated military law when he said service members have a duty to not obey unlawful orders, according to a military law scholar.

The Conversation
Show threadGoNancyGoDec 19
@HistoPol @TheConversationUS
"Congress could put a stop to any persecution of Kelly by informing the president that he is acting contrary to the Constitution and explaining to do so is a high crime or misdemeanor."
#JoshuaKastenberg
Sen Mark Kelley is obviously being persecuted, Congress should do the right thing.