Washington, D.C. — Secretary of War Pete Hegseth has announced formal censure proceedings and a review of retirement rank and pay for Sen. Mark Kelly, D-Ariz., following Kelly’s appearance in a video urging service members to refuse “illegal orders.” The move escalates an ongoing investigation into what Hegseth called “seditious statements” that, he said, undermine military operations and discipline.
“Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline,” Hegseth stated. “As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. And the Department of War — and the American people — expect justice.”
Hegseth directed Secretary of the Navy John Phelan to review Kelly’s retired rank and pay, with a recommendation due in 45 days. The review could result in a downgrade of Kelly’s retirement grade and a corresponding reduction in his pension. A formal letter of censure will be placed in Kelly’s permanent military personnel file, outlining what Hegseth described as “the totality of Captain Kelly’s reckless misconduct.”
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Kelly, a retired Navy captain, responded, “If Pete Hegseth, the most unqualified Secretary of Defense in our country’s history, thinks he can intimidate me with a censure or threats to demote me or prosecute me, he still doesn’t get it. I will fight this with everything I’ve got — not for myself, but to send a message back that Pete Hegseth and Donald Trump don’t get to decide what Americans in this country get to say about their government.”
The Pentagon’s investigation cites Kelly’s statements from June through December 2025, in which he characterized lawful military operations as illegal and encouraged troops to refuse orders. Hegseth said Kelly’s status as a sitting senator “does not exempt him from accountability, and further violations could result in further action.”
Kelly has 30 days to respond to the censure and review. The Department of War said such actions are reserved for serious breaches and could impact Kelly’s retirement benefits.
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The controversy stems from a video posted in November, in which Kelly and five other Democratic lawmakers with military and intelligence backgrounds told service members, “Our laws are clear. You can refuse illegal orders.” President Trump later accused the group of sedition, and the Pentagon launched a formal investigation into Kelly, the only retiree among the group still subject to military law.
Kelly has called the proceedings an effort to silence dissent. “This is just about sending a message to retired service members, active duty service members, government employees — do not speak out against this president or there will be consequences,” he told reporters in December.
The outcome of the review is expected within 45 days. Kelly’s office has not indicated whether he will appeal the decision.
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