Threats by the Trump administration to recall Senator Mark Kelly to active Navy duty to prosecute him under military law for urging troops to disobey illegal orders would face steep hurdles in a system designed to give troops strong rights to due process,

The Pentagon is investigating Sen. Mark Kelly, a Navy veteran, over a video where he encouraged service members to refuse illegal orders. Former President Donald Trump accused Kelly of sedition, and the government may recall the senator to active duty for a military court trial.

Ariz., and other congressional Democrats released a video last week letting service members know they can refuse illegal orders. Kelly is now being investigated for misconduct.

The Pentagon on Monday threatened to recall U.S. Senator Mark Kelly, a retired Navy captain, to active duty status in order to prosecute him after what it described as seditious behavior by the former astronaut and decorated veteran.

Sen. Mark Kelly doubled down on his defense of his encouragement of service members to reject "illegal orders" as he faces a formal review into allegations of misconduct, telling Jimmy Kimmel, "I'm not backing down.

MORE: Hegseth orders Navy to review Sen. Kelly for 'potentially unlawful conduct' "The threats to our Constitution aren't just coming from abroad, but from right here right at hom

Secretary of War Pete Hegseth slammed a post that Sen. Mark Kelly made about his service, saying that, "your medals are out of order and rows reversed."

The Pentagon has opened a probe into “serious allegations of misconduct” against Sen. Mark Kelly that could result in “recall to active duty for court-martial proceedings,” just days after President Trump accused him of seditious behavior.