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The Department of War said Monday it has launched a formal review into Democratic Sen. Mark Kelly after the Arizona lawmaker appeared in a video urging service members to “refuse illegal orders.”
Pentagon officials signaled the investigation could escalate fast. Kelly, a retired Navy captain, may be pulled back onto active duty to face a court-martial or other disciplinary action under the Uniform Code of Military Justice.
“This matter will be handled in compliance with military law, ensuring due process and impartiality,” the department said, noting it would limit further comment to protect the investigation.
The statement stressed that military retirees can still be hauled before the UCMJ and warned troops that “orders are presumed to be lawful” and must be followed. The department pointed to federal statutes such as 18 U.S.C. § 2387, which criminalizes 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 read. “A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
