War Dept. Considers Court Martial Against Retired Dem Officer Over Video

The Department of War announced that it has opened a formal review into allegations of misconduct involving Sen. Mark Kelly (D-Ariz.) following the release of a video in which he and other lawmakers urged U.S. service members to “refuse illegal orders.”

The Pentagon said it is considering several possible responses, including the option of recalling Kelly — a retired Navy captain — to active duty to face potential court-martial proceedings or other administrative actions under the Uniform Code of Military Justice, Fox News reported.

“This matter will be handled in compliance with military law, ensuring due process and impartiality,” the department said, adding that there will be limited comments about the matter moving forward to protect the integrity of the case.

The department’s statement also emphasized that military retirees remain subject to the Uniform Code of Military Justice and reminded active-duty personnel that “orders are presumed to be lawful” and must be followed. It additionally cited federal laws, including 18 U.S.C. § 2387, which prohibits efforts to undermine the loyalty, morale, or discipline of U.S. armed forces.

“The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses,” the statement read. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”

Although Kelly retired from active service years ago, the Pentagon could still bring him before a military court if it concludes that his actions violated the Uniform Code of Military Justice.

Such recalls are uncommon and are generally used in cases involving serious criminal allegations, including espionage, sexual assault, or fraud. However, legal precedent supports the practice. In United States v. Dinger (2018) and United States v. Larrabee (2020), military appellate courts reaffirmed that retirees who continue to receive military pay remain under UCMJ jurisdiction and may be prosecuted for offenses committed after leaving active duty.

If the review determines that Kelly’s remarks amounted to conduct “to the prejudice of good order and discipline,” or violated federal law prohibiting efforts to encourage disloyalty or insubordination within the armed forces, he could be recalled to active duty for a court-martial. Potential penalties under those provisions include forfeiture of pay, confinement, or dismissal from service, though such outcomes are considered highly uncommon for political figures, Fox noted.

“Any proceedings would likely provoke a constitutional showdown over whether speech made in a political context can be subject to military law, even by a retired officer,” the outlet reported.

“While many lawmakers have served in the armed forces — and several have remained in the reserves while in office — there is no historical record of a sitting U.S. senator or representative being recalled to active duty for disciplinary action,” Fox added.

Last week, Kelly and five other Democratic members of Congress produced and posted a video directed at current members of the military and intelligence officers stating: “Our laws are clear. You can refuse illegal orders.”

Four of the other Democrats have previous military experience, but since they are not retired, they are not governed by the UCMJ, as stated by Sec. Pete Hegseth. Additionally, Sen. Elissa Slotkin, a Democrat from Michigan, is an ex-CIA officer.

Slotkin admitted in an interview last weekend that she could not name a single order President Trump has given as commander-in-chief that she considers illegal. Other Democrats who were interviewed separately by various outlets made similar observations, leading Republicans to accuse them of simply trying to undermine Trump’s constitutional authority.

“The Department is reviewing his statements and actions, which were addressed directly to all troops while explicitly using his rank and service affiliation—lending the appearance of authority to his words,” Hegseth said. “Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”