OAN Staff Brooke Mallory
2:21 PM – Monday, November 24, 2025
The Department of War has launched a formal investigation into Arizona Democrat Senator Mark Kelly, a retired Navy captain, over allegations that he violated the Uniform Code of Military Justice by participating in a video urging U.S. service members to “refuse orders” — should they deem any action “illegal.”
The Uniform Code of Military Justice (UCMJ) is a federal law enacted in 1951 that governs the conduct of all U.S. military members by establishing a uniform set of criminal laws and procedures. It applies to all active-duty personnel, in addition to some reservists (whenever they are in a federal status) and academy students — covering offenses from minor infractions to serious crimes like desertion and treason.
The UCMJ is the legal backbone of the U.S. military, ensuring discipline and accountability, and includes provisions for both punitive action, such as courts-martial, and less severe nonjudicial punishment for minor offenses.
As a retired Navy captain, Kelly is part of the Regular component and remains subject to the UCMJ. Under Title 10 U.S. Code § 688, the Secretary of the Navy — with the approval of the Secretary of War — has the authority to recall certain retired members to active duty when deemed necessary. If recalled, a retiree may be subject to disciplinary action under the UCMJ, including the possibility of court-martial.
Retired Regular component members remain within a category of personnel who may be subject to UCMJ jurisdiction, as long recognized by statute and case law. Nonetheless, this jurisdiction is not an unlimited “for life” power, and it applies only to specific classes of retirees.
Former U.S. Army Reserve lieutenant colonel Tony Shaffer responded to the news in a series of posts on X.
Shaffer also reposted an article from Fox News in order to correct the outlet, further asserting that the charges are “not unnamed,” and “a charge sheet that specifies the actual violations of the UCMJ is very likely being prepared now.”
Shaffer had a 30-year career spanning military service, Defense Intelligence Agency (DIA) roles, and interagency operations. He primarily worked under the DIA leadership in civilian intelligence capacities, and while in the Army Reserve, he reported through standard chain-of-command structures.
Shaffer went on to become a prominent whistleblower in the 2000s after alleging that pre-9/11 intelligence efforts were suppressed, leading to what he argued was retaliatory actions by the DIA. While official investigations “cleared the DIA of reprisals,” Shaffer and multiple witnesses have contested this, pointing to a pattern of investigations, clearance revocations, and “career sabotage.”
Although the Pentagon has not filed formal charges and the review has not yet become a criminal case, if substantiated, the allegations could lead to Kelly being involuntarily recalled to active duty and subjected to court-martial.
“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 has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures. This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.”
“The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels. All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.”
The investigation stems directly from a 32-second video released last week by Kelly and five other Democrat lawmakers with military or intelligence backgrounds. In the clip, Kelly, wearing his Navy dress uniform, tells viewers: “You swore an oath to the Constitution, not to any individual …”
President Trump reacted to the video on November 20th, posting on Truth Social that Kelly and his colleagues were “traitors” who should be “ARRESTED AND PUT ON TRIAL.”
Secretary of War Pete Hegseth further escalated the discourse on Monday afternoon as well. In a series of posts on X, Hegseth branded the group the “Seditious Six” and singled out Kelly as the only participant still subject to military jurisdiction.
The other five participants in the video — Sens. Jacky Rosen (D-Nev.) and Elissa Slotkin (D-Mich.), and Reps. Chrissy Houlahan (D-Pa.), Chris Deluzio (D-Pa.), and Mikie Sherrill (D-N.J.) — are not subject to the UCMJ and therefore outside the Pentagon’s reach.
“The video made by the ‘Seditious Six’ was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of “good order and discipline.” Their foolish screed sows doubt and confusion — which only puts our warriors in danger. Five of the six individuals in that video do not fall under @DeptofWar jurisdiction (one is CIA and four are former military but not “retired”, so they are no longer subject to UCMJ). However, Mark Kelly (retired Navy Commander) is still subject to UCMJ—and he knows that. As was announced, 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,” he said.
Kelly then responded within hours, suggesting that the move was an act of political retaliation.
“When I was 22 years old, I commissioned as an Ensign in the United States Navy and swore an oath to the Constitution. I upheld that oath through flight school, multiple deployments on the USS Midway, 39 combat missions in Operation Desert Storm, test pilot school, four space shuttle flights at NASA, and every day since I retired – which I did after my wife Gabby was shot in the head while serving her constituents. In combat, I had a missile blow up next to my jet and flew through anti-aircraft fire to drop bombs on enemy targets. At NASA, I launched on a rocket, commanded the space shuttle, and was part of the recovery mission that brought home the bodies of my astronaut classmates who died on Columbia. I did all of this in service to this country that I love and has given me so much.”
“Secretary Hegseth’s post is the first I heard of this. I also saw the President’s posts saying I should be arrested, hanged, and put to death. If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution,” Kelly said.
The investigation comes as President Trump’s second administration has moved to assert reform at the Pentagon, installing more loyal “America First” officials in top civilian and uniformed positions and reviving rhetoric about purging disloyal officers highly concerned with DEI and LGBTQ matters — as opposed to protecting and serving the country.
No timeline has been given for the conclusion of the Kelly probe, and it remains unclear whether charges will ultimately be filed.
Any resulting sentence from a court-martial would be anticipated to trigger legal challenges on First Amendment free speech grounds and potential due process issues related to his dual status as an elected official and retiree, legal experts say.
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