{"id":24672,"date":"2025-11-26T08:18:47","date_gmt":"2025-11-26T08:18:47","guid":{"rendered":"https:\/\/cndailynews.store\/?p=24672"},"modified":"2025-11-26T08:18:47","modified_gmt":"2025-11-26T08:18:47","slug":"war-dept-considers-court-martial-against-retired-dem-officer-over-video-3","status":"publish","type":"post","link":"https:\/\/cndailynews.store\/?p=24672","title":{"rendered":"War Dept. Considers Court Martial Against Retired Dem Officer Over Video"},"content":{"rendered":"
\n
\n
\n
\"\"<\/figure>\n<\/div>\n<\/div>\n<\/div>\n
\n
\n
\n
\n
\n
\n
\n

This article may contain commentary
\nwhich reflects the author’s opinion.<\/p>\n

\n<\/div>\n
\n
<\/div>\n<\/div>\n

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 \u201crefuse illegal orders.\u201d<\/p>\n

Advertisement<\/div>\n

The Pentagon said it is considering several possible responses, including the option of recalling Kelly \u2014 a retired Navy captain \u2014 to active duty to face potential court-martial proceedings or other administrative actions under the Uniform Code of Military Justice, Fox News reported.<\/p>\n

\u201cThis matter will be handled in compliance with military law, ensuring due process and impartiality,\u201d the department said, adding that there will be limited comments about the matter moving forward to protect the integrity of the case.<\/p>\n

<\/div>\n

The department\u2019s statement also emphasized that military retirees remain subject to the Uniform Code of Military Justice and reminded active-duty personnel that \u201corders are presumed to be lawful\u201d and must be followed. It additionally cited federal laws, including 18 U.S.C. \u00a7 2387, which prohibits efforts to undermine the loyalty, morale, or discipline of U.S. armed forces.<\/p>\n

Advertisement<\/div>\n

\u201cThe Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses,\u201d the statement read. \u201cA servicemember\u2019s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.\u201d<\/p>\n

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.<\/p>\n

Advertisement<\/p>\n
<\/div>\n<\/div>\n

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\u00a0United States v. Dinger<\/i>\u00a0(2018) and\u00a0United States v. Larrabee<\/i>\u00a0(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.<\/p>\n

If the review determines that Kelly\u2019s remarks amounted to conduct \u201cto the prejudice of good order and discipline,\u201d 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.<\/p>\n

\u201cAny 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,\u201d the outlet reported.<\/p>\n

\u201cWhile many lawmakers have served in the armed forces \u2014 and several have remained in the reserves while in office \u2014 there is no historical record of a sitting U.S. senator or representative being recalled to active duty for disciplinary action,\u201d Fox added.<\/p>\n

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: \u201cOur laws are clear. You can refuse illegal orders.\u201d<\/p>\n

\n
\n
\n
<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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.<\/p>\n

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\u2019s constitutional authority.<\/p>\n

Advertisement<\/div>\n

\u201cThe Department is reviewing his statements and actions, which were addressed directly to all troops while explicitly using his rank and service affiliation\u2014lending the appearance of authority to his words,\u201d Hegseth said. \u201cKelly\u2019s conduct brings discredit upon the armed forces and will be addressed appropriately.\u201d<\/p>\n<\/div>\n

\n
\n
<\/div>\n
\n
\n
\n
\n
\n
\n
\n
\n
<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/article>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

This article may contain commentary which reflects the author’s opinion. The Department of War announced that it has opened a formal review into allegations of misconduct involving Sen. Mark Kelly … <\/p>\n","protected":false},"author":1,"featured_media":24668,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-24672","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/24672","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=24672"}],"version-history":[{"count":1,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/24672\/revisions"}],"predecessor-version":[{"id":24673,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/24672\/revisions\/24673"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/media\/24668"}],"wp:attachment":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24672"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24672"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24672"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}