Yesterday the Pentagon posted on X:

OFFICIAL STATEMENT:

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…

— Department of War ?? (@DeptofWar) November 24, 2025

Interestingly, it does not specify what is alleged, and what is being reviewed. The use of “reviewed” rather than “investigated” is also of interest (The UCMJ section referred to just says retired personnel are subject to recall to active duty).

It certainly does not say anything about “sedition.”

In response, Kelly appealed to the authority of his military career:

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… pic.twitter.com/jMAlYEozQ6

— Senator Mark Kelly (@SenMarkKelly) November 24, 2025

And that’s all it is. An appeal to authority, and wrapping himself in his uniform to assert that of course he could never do anything contrary to military or federal law. Which is a non sequitur.

To see why, now do Benedict Arnold. I’m serious. Prior to his defection to the British, Arnold was the most distinguished, capable, and arguably heroic officer in American service. Leading the harrowing march to Quebec, where he was badly wounded in an attack on the city (delivered in a blinding snowstorm). Delaying the British move down Lake Champlain at the Battle of Valcour Island. Playing the decisive role in the victory at Saratoga–the pivotal battle of the war–where he was once again badly wounded.

The lesson: past distinguished service–more distinguished than Kelly’s, in fact–does not preclude treachery.

You could do the same with other famous American military figures, including virtually every Confederate officer who served in the antebellum army, especially those who fought in Mexico and/or on the frontier. Robert E. Lee comes to mind. (The 6 senators and representatives in the video are members of a party that strongly believe Lee and other Confederate officers were traitors, previous distinguished service be damned).

Meaning that Kelly’s past service is utterly irrelevant when evaluating his recent actions. It is not a get-out-of-jail-free card.

Although I would say that it is relevant in that it makes Kelly’s current conduct look far worse. Because as a long serving officer in the Navy he knows that obedience to orders is paramount, and that undermining the culture of obedience is extremely prejudicial to good order and discipline, and therefore the ability of the. military to perform its vital functions. These weren’t the words of some gasbag who never wore a uniform. They are the words of a gasbag who wore one for decades, and who therefore knows the implications of what he said.

All of the TikTok 6 appealed to authority, which is a logical fallacy. Kelly is taking the appeal to an extreme, and in so doing highlights, rather than mitigates, the gravity of his offense.

For reasons practical and legal, it is highly unlikely that the Pentagon will charge Kelly with anything as remotely grave as sedition or mutiny. For one thing, sustaining such charges would require proving intent. That’s always a challenge, and in this instance Kelly and the other weasels were sufficiently vague in their insinuations and their recommendations to members of the military that it would be very hard to prove that they had seditious or mutinous intent.

Again, in my mind that actually makes things worse. Sea lawyers/shithouse lawyers are contemptible, and calculated evasions reveal bad intent, even if not being sufficient to serve as proof in a court martial or trial. They put the “wily” in “wily agitators.”

The marked inability of any of these clowns to identify any illegal order that Trump has issued–under the skeptical questioning of CNN(!) and the like, no less–further demonstrates their despicable motives. Their rhetoric is on a par with “so, when did you stop beating your wife?”

The catch phrase in the video “Don’t Give Up the Ship” is particularly malign. It is a phrase famous in US Navy history, uttered by Captain James Lawrence, whose ship USS Chesapeake was attacked, boarded, and captured by the HMS Shannon during the War of 1812. So the use of this phrase in the context of the Kelly et al video clearly insinuates that the US military is under attack, and in particular, under attack by the commander in chief, and its use is an encouragement US military personnel to resist that attack.

Again, just slippery and weaselly and indirect and metaphorical enough to make legal establishment of motive difficult. But we all know that’s what they meant.

And that, in my opinion, is sufficient to sustain lesser, though still serious charges, such as conduct prejudicial to good order and discipline. And the Pentagon should seriously entertain blowing through Kelly’s chest-thumping bluster and appeal to authority, and bringing such a charge against him.