Should go without saying, but since the media is doing a terrible job of reporting this, it's not at all clear what authority OSD/SecNav has to do this, given that even if there were something objectionable under the UCMJ about his statements he made those statements after retiring, and they aren't recalling him to active status (probably because a court martial would go very badly for the Navy and OSD).
It's exceedingly unlikely that this survives any administrative or legal scrutiny (and if it does, there's a whole lot of former active-status Trump allies, including GOFOs, who are more than vulnerable under these same standards); the main result, I think, is to elevate Kelly's political profile while turning most of the Pentagon even more against Hegseth and Phelan (the former being an over-promoted PAO, and the latter not even having that experience, having spent his career managing Michael Dell's money).
It's exceedingly unlikely that this survives any administrative or legal scrutiny (and if it does, there's a whole lot of former active-status Trump allies, including GOFOs, who are more than vulnerable under these same standards); the main result, I think, is to elevate Kelly's political profile while turning most of the Pentagon even more against Hegseth and Phelan (the former being an over-promoted PAO, and the latter not even having that experience, having spent his career managing Michael Dell's money).