As a retired officer Kelly is still subject to the UCMJ.
AI Overview
Yes, retired military officers from a regular component who are entitled to retired pay remain subject to the Uniform Code of Military Justice (UCMJ) under Article 2(a)(4), meaning they can theoretically be recalled to active duty and face a court-martial for certain offenses. [
1,
2,
3]
As for the yahoo from Obama era to this point I have not stated whether he deserved it or not. I was pointing out your hypocrisy. The yahoo deserved it.