In a stunning escalation, the Trump-controlled Pentagon has confirmed it has opened a formal investigation into Democratic Senator Mark Kelly—an inquiry that officials say could lead to a military criminal tribunal. The announcement comes just days after President Donald Trump publicly labeled Kelly a “traitor” and called for his imprisonment and execution.

This is exactly why I refused to let this story fade. We now have a President preparing to prosecute a sitting Democratic senator for warning service members not to obey illegal orders. That is an authoritarian red line, and it cannot be normalized. Now more than ever, we need independent media willing to call this out with clarity and courage. I always will. Subscribe to support my work, and let’s make sure this reaches millions of Americans.

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The Department of Defense, reinstated in this alternate political landscape, issued a rare and unusually forceful statement late Thursday:

“The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, 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 emphasizes that military retirees remain subject to the UCMJ and cites federal statute 18 U.S.C. § 2387, which penalizes efforts to undermine the loyalty or morale of the armed forces. Officials said further public comment will be limited “to preserve the integrity of the proceedings.”

The Pentagon added a pointed reminder that service members are legally obligated to obey all lawful orders—and that orders are “presumed lawful.”

The investigation follows an attack from Trump earlier in the week, when the president declared that Kelly and five other Democratic lawmakers were “traitors” who should face trial for sedition, a charge that, under historical precedent, can carry the death penalty.

The six lawmakers—each a veteran of either the military or intelligence services—had released a video directed at active-duty personnel, reminding them that they hold a duty to refuse illegal or unconstitutional orders. That message, widely seen as an implicit warning against potential abuses of presidential authority, infuriated Trump.

The inquiry into Kelly thrusts the country deeper into a constitutional gray zone, with critics warning that the boundaries between lawful military procedure and political persecution are rapidly eroding.

Never before has a modern American administration initiated a potential military tribunal against a sitting senator—much less one who previously served as a Navy captain and combat pilot.

For now, the Department of War insists the process will remain “impartial.”

But inside this alternate America, where tensions between civilian institutions and the executive branch’s grip on the armed forces have steadily intensified, few observers believe the outcome will be anything but political.