The Department of War announced Monday that it has launched a formal review into allegations of misconduct against Democratic Sen. Mark Kelly of Arizona following a video in which he urged service members to “refuse illegal orders.”
Pentagon officials confirmed they are weighing whether Kelly — a retired Navy captain — could even be recalled to active duty to face court-martial proceedings or other disciplinary actions under the Uniform Code of Military Justice (UCMJ).
“This matter will be handled in compliance with military law, ensuring due process and impartiality,” the department said in a statement. Officials added that further comments will remain limited to preserve the integrity of the process.
The department also reiterated that military retirees remain subject to the UCMJ and reminded service members that “orders are presumed to be lawful” and must be obeyed.
Citing federal statutes — including 18 U.S.C. § 2387, which prohibits attempts to weaken loyalty or discipline in the armed forces — the department underscored that “a servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
Although Kelly has been out of active service for years, the Pentagon stressed that recall is legally possible if the review finds his actions violated military law.
Such cases are uncommon and typically involve grave misconduct such as espionage, sexual assault, or fraud — but precedent exists.
In United States v. Dinger (2018) and United States v. Larrabee (2020), military courts reaffirmed that retirees receiving pay remain under UCMJ jurisdiction and can be prosecuted for offenses committed post-retirement.
If officials determine Kelly’s remarks harmed “good order and discipline” or violated statutes against promoting insubordination, he could face forfeiture of pay, confinement, or even dismissal from service — though such penalties are exceedingly rare for sitting political figures.
More over at Fox News:
Pentagon threatens to court-martial Democratic senator over ‘refuse illegal orders’ video https://t.co/eehMyiU5Ec #FoxNews
— Bo Snerdley (@BoSnerdley) November 24, 2025
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