Democrat Senator Mark Kelly Faces Court-Martial After Department of War Launches Review of Allegations of Misconduct

Military members can refuse unlawful orders (e.g., lack of authority), but not illegal orders (e.g., exceeding a posted speed limit).

Those who encourage the latter are guilty of sedition against the United States.
There is no separate category where an order is “illegal but not unlawful.”
 

Democrat Senator Mark Kelly Faces Court-Martial After Department of War Launches Review of Allegations of Misconduct​

24 Nov 2025 ~~ By Cristina Laila

The Department of War on Monday announced it is considering recalling Democrat Senator Mark Kelly for court-martial proceedings after he urged the military to defy President Trump’s orders.
Without offering any specifics, Senators Elissa Slotkin (D-MI) and Mark Kelly (D-AZ), along with Democrat Reps. Maggie Goodlander (NH), Jason Crow (CO), Chris Deluzio (PA), and Chrissy Houlahan (PA) repeatedly stated, “You can refuse illegal orders,” or “You must refuse illegal orders,” in a viral video.
President Trump called for the Democrat lawmakers featured in the viral video to be locked up.
The Department of War is now reviewing allegations of misconduct.
Full statement from Department of War:




Commentary:
It appears that former Astronaut, Senator Mark Kelly may be headed for a Courts Martial. Article 32's are being prepared.
He's being charged with the following:
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.
It appears that Kelly's political ideology has become more predominate that his Loyalty to Navy, America and to the CIC...
His latest statements give the appearance of "Sedition". Though treason would be better.

He’s going down like. Moey did

Democrat Senator Mark Kelly Faces Court-Martial After Department of War Launches Review of Allegations of Misconduct​

24 Nov 2025 ~~ By Cristina Laila

The Department of War on Monday announced it is considering recalling Democrat Senator Mark Kelly for court-martial proceedings after he urged the military to defy President Trump’s orders.
Without offering any specifics, Senators Elissa Slotkin (D-MI) and Mark Kelly (D-AZ), along with Democrat Reps. Maggie Goodlander (NH), Jason Crow (CO), Chris Deluzio (PA), and Chrissy Houlahan (PA) repeatedly stated, “You can refuse illegal orders,” or “You must refuse illegal orders,” in a viral video.
President Trump called for the Democrat lawmakers featured in the viral video to be locked up.
The Department of War is now reviewing allegations of misconduct.
Full statement from Department of War:




Commentary:
It appears that former Astronaut, Senator Mark Kelly may be headed for a Courts Martial. Article 32's are being prepared.
He's being charged with the following:
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.
It appears that Kelly's political ideology has become more predominate that his Loyalty to Navy, America and to the CIC...
His latest statements give the appearance of "Sedition". Though treason would be better.

The rubber room must be at full capacity.
 
Military members can refuse unlawful orders (e.g., lack of authority), but not illegal orders (e.g., exceeding a posted speed limit).

Those who encourage the latter are guilty of sedition against the United States.
That’s one of the dumbest things I have ever read
 
You don’t actually see what Trump is doing to you.

Do you see what you’re giving up to serve him?
Why don't you tell me what Trump is doing, and spell out the authority he has to do it, how often that authority was exercised under Democratic Presidencies, and then speak on what unlawful orders he has issued, orders that have been deemed ultimately to be unlawfu.

Then look at the appropriate US Code that makes what the Democrats did borderline seditious and tell me what their intent was to inform people, who already knew the code better than they did, about hesitating or questioning authority without proper vetting of lawfulness.

Go ahead, I'll check back sometime this week.
 
Why don't you tell me what Trump is doing, and spell out the authority he has to do it, how often that authority was exercised under Democratic Presidencies, and then speak on what unlawful orders he has issued, orders that have been deemed ultimately to be unlawfu.

Then look at the appropriate US Code that makes what the Democrats did borderline seditious and tell me what their intent was to inform people, who already knew the code better than they did, about hesitating or questioning authority without proper vetting of lawfulness.

Go ahead, I'll check back sometime this week.
Is it your position that Trump hasn’t issued any illegal orders?
 
He also has Constitutional protections as a member of Congress.
  • Clause 1 Pay, Privileges, and Immunities
  • The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
Sedition is a felony and breach of the peace.
 
COngress has strong effective immunities under the Consitituion. This doesn't change that.
Only when they are on the floor of the House/Senate
Also recalling someone who retired fourteen years ago for telling the military to not act illegally is terrifying in its prospect. They are effectively saying any military veteran including the Guard, can be recalled and punished for their First Amendment protected speech years, even decades later. Think about that for a second before you all go yeehaa!
You're comfortable with him telling the 2 million servicemen/women that they have to question every order from their superiors to determine whether they think it is legal or not legal? And yes, that is exactly what he is saying.
 
15th post
COngress has strong effective immunities under the Consitituion. This doesn't change that.

Also recalling someone who retired fourteen years ago for telling the military to not act illegally is terrifying in its prospect. They are effectively saying any military veteran including the Guard, can be recalled and punished for their First Amendment protected speech years, even decades later. Think about that for a second before you all go yeehaa!
You don't know what you're talking about. Mark Kelly is a retired Navy captain and as such he is subject to recall and there ARE restrictions on free speech rights of military members as well as members of congress. LOL, You apparently don't understand security clearances.
 
You forgot to mention if court martialed he will go before a JAG officer who very well knows the UCMJ inside and out and will be dismissed.
It depends on the level of the court martial. There are different regs for summary, special and general courts martial. You really shouldn't comment on things you clearly have no knowledge.
 
Is it your position that Trump hasn’t issued any illegal orders?
It is everyone's opinion, and UNTIL you have a final court ruling that he has, then all you have is that you disagree with his actions.

That does not make it unlawful or illegal.

You do realize, right, that the duty to disobey lawful orders is married to the fact that the UCMJ and their oaths make it essential that all orders are presumed lawful until an authority in the chain deems them unlawful.

The Democrats are willing to hang the military out to dry if they are successful in getting members to doubt the chain of command.

So answer this:

Why don't you tell me what Trump is doing, and spell out the authority he has to do it, how often that authority was exercised under Democratic Presidencies, and then speak on what unlawful orders he has issued, orders that have been deemed ultimately to be unlawful.

Then look at the appropriate US Code that makes what the Democrats did borderline seditious and tell me what their intent was to inform people, who already knew the code better than they did, about hesitating or questioning authority without proper vetting of lawfulness.
 
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