Come on......
Federal courts have repeatedly ruled that:
- Retirees can be under UCMJ jurisdiction
- But only for conduct tied to their military status, not civilian political activity
- Civilian elected officials are governed by civilian law, not military law
This is why the UCMJ cannot be used against members of Congress.
CPT Kelly is not subject to the UCMJ and neither am I, now.
And, he's a sitting Senator, which means he can also pull out his "Speech and Debate" card as a political statement. All of this is for political theater, to get folks riled up, obviously it's working.
While I doubt Kelly will be prosecuted for anything, there are numerous incidents where folks were brought back and courts martialed for serious crimes (drug trafficking, murder, sexual assault, etc.). So it’s really not “only” for conduct tied to military status.
This is the AI overview, but you can research quite a few actual cases.
AI Overview
Yes, military members, including retirees, can be brought back to active duty for prosecution under the Uniform Code of Military Justice (UCMJ) for serious crimes, especially with the Pentagon's new Office of Special Trial Counsel (OSTC) increasing "reach back" cases for offenses like sexual assault or murder, even years later, often when civilian systems failed or didn't act. Federal law allows the Secretary of Defense to recall retirees for court-martial, a practice gaining traction to ensure justice for grave offenses, with recent examples seeing retirees convicted after being recalled for crimes committed decades prior.
Why it Happens"Reach Back" Cases: The OSTC specifically targets older, serious crimes (like sexual assault, domestic violence, murder) that may have been mishandled or not prosecuted previously.Jurisdiction: Retired members remain under military jurisdiction if they receive military benefits, allowing for recall and prosecution under the UCMJ for offenses committed while on active duty or even post-retirement.
Systemic Failure: This method addresses situations where civilian courts weren't adequate or appropriate, or where no action was taken, providing a path for accountability.
Key Examples & Recent TrendsIncreased Activity: Since late 2023, the OSTC has significantly increased recalling retirees for prosecution, with over 100 recalled for serious crimes, notes The Daily Journal.
William Brassfield: A retired Army Master Sergeant was recalled and sentenced to 8 years for child rape committed decades earlier, demonstrating the "flash to bang" potential for long-delayed justice.
Mark Kelly Controversy: Defense Secretary Hegseth initiated a review of Senator Mark Kelly (a retired Navy Captain) for comments critical of the administration, highlighting the ongoing legal debate and political sensitivity around retiree recall.
Legal Basis Federal Law: Authorizes the recall of retirees for court-martial under specific circumstances, a power used more actively now.
UCMJ: Allows prosecution for offenses, even long after the act, especially when no statute of limitations applies.
- Under what circumstances could a retired officer be called ...
Nov 24, 2025 — This law established the OSTC to prosecute certain "covered offenses," such as sexual assault, domestic violence, murd...
Quora
- Army prosecutors have revived over 100 cases of serious crimes
Nov 12, 2024 — According to the office, prosecutors have referred a total of 180 cases to court martial, including around 113 “reach ...
Task & Purpose
