by WorldTribune Staff, November 24, 2025 Real World News
The Pentagon said it is investigating, and could even court-martial Sen. Mark Kelly of Arizona, one of five Democrats who in a recent video message instructed active duty military members and intelligence officials that they have a “duty” to disobey “illegal” orders from President Donald Trump.
The Department of War announced Monday that it has opened a formal review into allegations of misconduct against Kelly over the video.
The Pentagon said it may even call Kelly, a retired Navy captain, back to active duty to face court-martial proceedings or other administrative 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 Pentagon said.
Military retirees remain subject to the UCMJ. The Pentagon reminded servicemembers that “orders are presumed to be lawful” and must be obeyed, citing federal statutes, including 18 U.S.C. § 2387, which prohibits attempts to undermine the loyalty, morale, or discipline of U.S. 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.”
Even though Kelly left active service years ago, if it determines his actions violated the code, the Pentagon could bring him before a military court.
Trump has called Kelly and the other Democrats “traitors” and said they should be in jail for sedition. In a post to Truth Social, the president accused the Democrats of “SEDITIOUS BEHAVIOR, punishable by DEATH!” The White House later walked back that suggestion, saying the president just wants accountability.
Three other Democrats are former military, but not retired and therefore are not subject to the UCMJ, according to Secretary of War Pete Hegseth. Another, Sen. Elissa Slotkin of Michigan, is a former CIA officer.
“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.”
OFFICIAL STATEMENT:
The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations…
— Department of War 🇺🇸 (@DeptofWar) November 24, 2025
Pentagon opens formal review on Sen. Mark Kelly under Uniform Code of Military Justice added by Editor Two on
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