Originally published at Judgenap.com and reprinted with permission
The Department of War published a statement saying the agency received serious allegations of misconduct by Senator Mark Kelly and is opening an investigation into the claims against the former Navy captain.
The Department of War posted on X:
“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.”
The investigation follows a video released by several Congressional Democrats who urged US troops not to follow unlawful orders. The video incited a firestorm of inflammatory comments from Republicans and President Donald Trump.
Trump posted on Truth Social, following the publication of the video, that it was “seditious behavior, punishable by death.” He later walked back the remarks, saying he was “not threatening death.”
The statement from the Department of War included a warning to other retired soldiers not to speak out on the issue. The X post continued:
“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.”
Sen Kelly responded on his personal X account, saying he would not be intimidated by Trump. “I swore an oath to the Constitution in 1986. I’ve upheld it through 25 years of service and every day since I retired.” He added, “If Trump’s trying to intimidate me, it won’t work. I’ve given too much to our country to be silenced by bullies who care more about power than the Constitution.”
