Complaint
DRAFT DOCUMENT- DoDIG FORMAL COMPLAINT
TO- Department of Defense Hotline The Pentagon Washington, DC 20301-1900 FAX- (703) 604-8567 WEB- http://www.dodig.mil/hotline
DATE- November 24, 2025 SUBJECT- FORMAL COMPLAINT – Gross Abuse of Authority / Unlawful Command Influence / Violation of 10 U.S.C. § 1034
PART I- COMPLAINANT INFORMATION
(You may file anonymously, but providing contact info allows investigators to interview you. If filing as a concerned officer/citizen, fill below.)
- Name- [Insert Your Name or “Anonymous”]
- Status- [Active Duty / Retired / Civilian / Concerned Citizen]
- Contact Info- [Insert Phone/Email if willing to be interviewed]
- Consent to Disclose Identity- [ ] YES / [ ] NO
PART II- SUBJECT(S) OF THE ALLEGATION
(Who committed the wrongdoing?)
Subject 1-
- Name- Donald J. Trump
- Title/Rank- President of the United States / Commander-in-Chief
- Organization- Executive Branch / Department of Defense
- Duty Location- The White House, Washington, D.C.
Subject 2-
- Name- [Current/Acting Secretary of Defense]
- Title- Secretary of Defense
- Organization- Office of the Secretary of Defense (OSD)
- Duty Location- The Pentagon, Washington, D.C.
PART III- ALLEGATIONS
ALLEGATION 1- UNLAWFUL COMMAND INFLUENCE (Violation of UCMJ Article 37) Nature of Offense- Abuse of Authority / Violation of Law Date of Incident- November 2025 (Ongoing)
Details- The President of the United States, acting as Commander-in-Chief (CINC), has publicly demanded the “arrest” and “death penalty” for Senator (and retired Navy Captain) Mark Kelly. These demands were made in response to Senator Kelly’s restatement of standard military doctrine regarding the refusal of unlawful orders.
- Violation- Under UCMJ Article 37, a convening authority is prohibited from censuring, reprimanding, or admonishing a court-martial or influencing its outcome. By publicly demanding a specific punishment (death) before charges are even preferred, the CINC has poisoned the jury pool of any potential court-martial, as all panel members are his subordinates. This constitutes a “Gross Abuse of Authority” intended to weaponize the military justice system for political retribution.
ALLEGATION 2- VIOLATION OF MILITARY WHISTLEBLOWER PROTECTION ACT (10 U.S.C. § 1034) Nature of Offense- Reprisal / Restriction Details- The Department of Defense is investigating Senator Kelly for “disloyal statements.” However, Senator Kelly’s statement—urging troops to “refuse unlawful orders”—is a protected communication that aligns with the Supremacy Clause of the Constitution.
- Violation- 10 U.S.C. § 1034 prohibits taking unfavorable personnel action against a member of the armed forces (including retirees subject to recall) for making a protected communication. Threatening a recall to active duty for the sole purpose of court-martialing a retiree for political speech constitutes an illegal “Restriction” of a member’s right to communicate with Congress (of which he is a member) and the public.
ALLEGATION 3- FRAUD, WASTE, AND ABUSE (Misuse of Resources) Nature of Offense- Gross Waste of Funds Details- The initiation of an investigation and the proposed recall of a retired officer to active duty for a “show trial” utilizes significant taxpayer resources (JAG officers, investigative units, administrative costs) for a legally baseless objective. As established in United States v. Calley, the instruction to refuse unlawful orders is doctrinally correct. Investigating an officer for stating this doctrine is a gross waste of DoD funds and personnel hours.
PART IV- EVIDENCE & WITNESSES
- Primary Evidence-
- Public statements/social media posts by President Donald Trump dated [Insert Date] calling for the arrest/execution of Senator Mark Kelly.
- Official Pentagon press releases/statements confirming the investigation into Senator Kelly.
- Video recording of Senator Kelly’s statement regarding “unlawful orders.”
- Legal Precedents Cited-
- United States v. Calley (22 U.S.C.M.A. 534) – Establishes the duty to disobey unlawful orders.
- United States v. Brice (U.S. Navy-Marine Corps Court of Criminal Appeals) – Precedent on Unlawful Command Influence (UCI).
PART V- REQUESTED ACTION
I respectfully request the Department of Defense Inspector General-
- Open an immediate investigation into the Unlawful Command Influence exerted by the Commander-in-Chief and the Office of the Secretary of Defense.
- Issue a “Stay” on any adverse administrative or legal actions against Senator Mark Kelly pending the outcome of this UCI investigation.
- Audit the expenditure of funds used to pursue this politically motivated investigation to determine if they constitute a violation of the Anti-Deficiency Act or Gross Waste.
Signature- __________________________ (Sign here if mailing. Type name if filing electronically.)
