Editorial: Court-martial

However, as I now understand, any former service member who has retired from the military and is receiving retirement pay from the military is still considered a member of the military. 

Whether they’re aged 45 years old or above, they can be recalled to active duty if the government decides their skills and experience are needed in certain emergency situations.

I don’t believe such drastic measures happen very often, but the option exists if circumstances require it.

Or, in Sen. Kelly’s predicament, if the Department of War and Navy believes he has violated military law by publicly announcing his opinion that service members can ignore or fail to comply with a superior’s “order,” he could be summoned to appear for court-martial. 

Sen. Kelly “retired” with the Navy rank of Captain (O-6) — “Colonel” in other services. He is 61-years  old.

The question behind all this commotion is, why would Kelly suddenly proclaim he thinks members of the military do not have to comply with orders they may believe are not lawful or conflict with a service member’s sense of right and wrong? 

What is his motive?

Other than trying to remain a thorn in Trump’s butt — Kelly is an Arizona Democrat, while his Commander-in-Chief is Republican — his motives are not well understood. 

In Trump’s second impeachment proceeding, Kelly voted to convict Trump for insurrection in the “Jan. 6 protests” in the nation’s Capital. He was later acquitted. 

Nevertheless, there’s no love lost between the two. 

Secondly, what does Kelly hope to gain?

I can think of only one logical reason why Sen. Kelly would pull such a ridiculous stunt: Publicity.

Since Kelly has worked for the government nearly his entire adult life — Navy pilot, NASA astronaut, and U.S. Senator — he has limited experience in private industry.

As many career federal and state elected office holders realize, public recognition — and likeability — is probably the most important part of the job. Without a name identity and a list of accomplishments to brag about, a politician’s continued tenure can be in jeopardy by the whims of voters. 

Then, there’s the old adage “Bad publicity is better than no publicity.”

Not certain this is what Kelly had in mind when he appeared in the video and uttered his bewildering remark. 

If so, then it worked. He got the attention of Defense Secretary Pete Hegseth, who recently announced an investigation of Kelly would be opened by the Pentagon.

In defiance, Kelly said he wasn’t afraid — he’d faced worse things.

Like, the possibility of losing a $175,000-a-year U.S. Senator salary and demotion in military rank?

Still unanswered is the fact that Kelly must have known the rules and regulations regarding a retired “Lifer Officer” and their continued obligation to military service if the need ever arose.

Unfortunately, he may really believe military members can randomly disregard orders they believe are unjust, but a Judge Advocate General (JAG) prosecutor may prove otherwise in a court-martial proceeding.

The Judge Advocate General Corps is the military’s legal department, consisting of lawyers and related personnel. 

What happens if Kelly is court-martialed and convicted? Guess we’ll find out if it goes that far.

Personally, from what I’ve seen and heard, I can’t imagine a military tribunal being overly sympathetic to Captain Kelly’s instance that orders can be ignored or disobeyed. Especially since he intentionally appeared in a publicly released video promoting this notion.

The concept of discipline, following orders, and adherence to “chain of command” formality would be adversely impacted if everyone could simply reject the edicts they didn’t like.

The military is not a democracy predicated upon the varying thoughts and actions of its soldiers, sailors, and airmen. It is a top-down, regimented organization established with the sole purpose of defending citizens of the United States from all enemies — foreign and domestic.

Until his case is concluded, Kelly can continue his version of “A Rebel Without A Cause” — careless foolishness intended to appeal to the naive minds of those not familiar with the reasons for military discipline and obedience.

The opinions expressed in this editorial are those of the author.

Editor’s Note: Senator Mark Kelly (D-AZ), a retired Navy Captain, was involved in a November 2025 video with other veteran lawmakers urging service members to refuse “unlawful orders,” leading to a Pentagon investigation and censure from Defense Secretary Pete Hegseth for conduct deemed “seditious” by the Pentagon, though Kelly maintains the military’s duty is to the Constitution and vows to fight the punitive actions. The controversy stems from the video’s call for troops to defy potential illegal orders, especially amidst military actions near Venezuela, prompting debate over free speech for veterans and the rule of law within the armed forces. 

Senator Mark Kelly and President Donald Trump have fundamentally different military backgrounds, characterized by Kelly’s decades-long active career and Trump’s lack of military service due to draft deferments. 

Senator Mark Kelly (U.S. Navy Captain, Retired) 

Kelly served 25 years in the U.S. Navy and NASA (1986–2011), retiring with the rank of Captain. 

• Combat Experience: As a naval aviator during the Gulf War (1991), he flew 39 combat missions in an A-6E Intruder from the USS Midway.
• Aviation Record: He logged over 5,000 flight hours in more than 50 different types of aircraft and completed over 375 carrier landings.
• NASA Career: Selected as an astronaut in 1996, he flew four Space Shuttle missions, serving twice as commander, including the final mission of the Space Shuttle Endeavour in 2011.
• Key Decorations: His awards include the Distinguished Flying Cross, two Defense Superior Service Medals, the Legion of Merit, and four Air Medals with combat “V” (for valor). 

President Donald Trump 

Trump has no record of active military service. His primary exposure to military life was as a student at the New York Military Academy, a private boarding school he attended from 8th to 12th grade. 

• Draft Deferments: During the Vietnam War, Trump received five deferments that prevented him from being drafted:
  • Four educational deferments (2-S) while studying at Fordham University and the University of Pennsylvania (1964–1968).
  • One medical deferment (1-Y, later 4-F) in 1968 for bone spurs in his heels, which permanently disqualified him from service.
• Draft Lottery: Trump eventually received a high lottery number (356 out of 365) in 1969, which he often cites as a reason he was not called to serve, though he was already protected by his medical disqualification at that time. 

Comparison Table