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.

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.