A Navy spokesperson confirmed to the Post-Gazette that the Navy is looking into the admission.
“The facts and circumstances of this case are being reviewed,” a spokesman told the Post-Gazette.
Murphy admitted to an extramarital affair in a statement from his lawyer, and put the responsibility for the affair on himself. Murphy is a Commander in the Navy Reserves. The Uniform Code of Military Justice lists adultery as a crime.
From the Post-Gazette:
Under the Uniform Code of Military Justice, adultery is a crime that can be prosecuted under Article 134, which includes “any offense which is of a nature to bring discredit upon the armed forces, or conduct which is prejudicial to good order and discipline.”
To prove such a case, a prosecutor must show not only that an act of extramarital sex occurred between the two parties, but also that it brought discredit to the armed forces.
A military commander makes that determination.
If charges are not filed, the individual’s command can separately request an administrative separation.
The affair itself may not have become a major issue in the campaign, but if the Navy decides to prosecute Murphy under the Uniform Code of Military Justice it could come become a major part of the campaign.