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

  • Written by Joshua Kastenberg, Professor of Law, University of New Mexico
If tried by court-martial, senator accused of ‘seditious behavior’ would be deprived of several constitutional rightsU.S. Sen. Mark Kelly, D-Ariz., speaks to reporters in Washington, D.C. on Dec. 4, 2025.AP Photo/Kevin Wolf

The Department of Defense in late November 2025 announced that it would investigate U.S. Sen. Mark Kelly, a retired Navy captain and NASA astronaut, for what Secretary of Defense Pete Hegseth has called seditious behavior. The threat of...

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