'dasting blurb in this story. prolly Foreshadowing of events to come...
Pentagon threatens to court-martial Democratic senator over 'refuse illegal orders' video
Such recalls are rare and typically reserved for serious criminal conduct, such as espionage, sexual assault, or fraud. Still, precedent exists. In United States v. Dinger (2018) and United States v. Larrabee (2020), military appellate courts reaffirmed that retirees receiving pay remain under the UCMJ’s jurisdiction and can be tried for offenses committed after retirement.
If the review concludes that Kelly’s comments constituted conduct "to the prejudice of good order and discipline" or a violation of U.S. code, which prohibits encouraging disloyalty or insubordination among the armed forces, he could face recall to active duty for a formal court-martial. Punishments under those statutes can include forfeiture of pay, confinement or dismissal from service — though such outcomes are extraordinarily rare for political figures.
Any proceedings would likely provoke a constitutional showdown over whether speech made in a political context can be subject to military law, even by a retired officer.