War Dept. Considers Court Martial Against Retired Dem Officer Over Video
The Biden-era holdovers at the Department of War have now placed a sitting Democratic senator under formal scrutiny after he appeared in a video urging members of the U.S. Armed Forces to ignore orders from President Donald J. Trump — the nation’s duly elected commander-in-chief.
Sen. Mark Kelly of Arizona, a retired Navy captain and former astronaut, is at the center of the review, which the Pentagon confirmed is examining whether his actions amount to misconduct under the Uniform Code of Military Justice. As Fox News reported, department officials are weighing the extraordinary possibility of recalling Kelly to active duty so he can be subjected to a court-martial — a step traditionally reserved for the most serious breaches of military discipline.
“This matter will be handled in compliance with military law, ensuring due process and impartiality,” the department stated, noting that further comment will be limited to protect the integrity of the process.
The Pentagon also issued a blunt reminder that retirees remain legally bound by the UCMJ, adding that “orders are presumed to be lawful” and must be obeyed by active-duty personnel. The statement referenced federal statutes including 18 U.S.C. § 2387, which explicitly forbids attempts to erode “the loyalty, morale, or discipline” of the armed forces.
“The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses,” the statement continued. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
While rare, the Pentagon has recalled retirees before, and military courts have already affirmed the legality of such actions. In United States v. Dinger (2018) and United States v. Larrabee (2020), federal courts held that retired personnel receiving military pay remain under the jurisdiction of the UCMJ, even for offenses committed after leaving active duty.
Should investigators conclude that Kelly’s appearance in the video constituted behavior “to the prejudice of good order and discipline,” or violated federal laws related to encouraging insubordination, the senator could face a range of punishments — from loss of pay to dismissal from the service. Fox News noted such outcomes are exceedingly rare for sitting lawmakers, underscoring the seriousness of the allegations.
The potential recall sets up what could become a constitutional battle over how far political speech can go when uttered by someone still legally tied to the military chain of command. As Fox pointed out, “there is no historical record of a sitting U.S. senator or representative being recalled to active duty for disciplinary action.”
Kelly appeared in the now-infamous video alongside five other Democratic lawmakers, declaring to active-duty service members and intelligence officials: “Our laws are clear. You can refuse illegal orders.” Four of the Democrats are veterans, but because they are not retired military, they are not subject to UCMJ jurisdiction. Sen. Elissa Slotkin, a former CIA officer, was also featured.
In a media appearance over the weekend, Slotkin admitted she could not identify a single order President Trump — as commander-in-chief — has issued that she believes is illegal. Other Democrats made similar confessions, reinforcing GOP allegations that the video was not about lawfulness at all, but about undermining Trump’s authority.
Reacting to the controversy, Sec. Pete Hegseth stated: “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. Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.”
The incident has deepened concerns among conservatives that several Democrats, still seething over their loss in the 2024 election, are willing to flirt with sedition if it helps delegitimize the Trump administration.