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WASHINGTON, Nov 24 (Reuters) - 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.

Kelly, who denies any wrongdoing and who said in a statement he would not be intimidated, joined five other Democrats in Congress with backgrounds in the U.S. military and intelligence community to urge U.S. troops to refuse any illegal orders.

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Rachel VanLandingham, a former Air Force lawyer now at Southwestern Law School, said she had never seen sitting lawmakers called back to the military involuntarily, and that Kelly would have a strong legal case to get a preliminary injunction since there was no evidence of probable cause.

"He has strong legal standing to say 'Absolutely not. I'm not going to do this'," VanLandingham said.

Hegseth's remarks also could undermine any Pentagon effort to prosecute Kelly since they amounted to a clear case of undue command influence and could be used as evidence that Kelly would not be able to get a fair trial, she said.

The prosecution of Kelly would raise questions about free speech rights and the separation of powers under the U.S. Constitution. It is also the latest example of Trump's administration seeking punishment of those Trump sees as political opponents.