Selasa | 6 Januari 2026
Secretary of Defense Pete Hegseth announced Monday that the Pentagon is moving forward with administrative punishment against Sen. Mark Kelly of Arizona, a retired US Navy captain, for his participation in a video urging US service members to refuse illegal orders. The decision marks a dramatic escalation in tensions between the Trump administration and Democratic lawmakers, raising fresh concerns about civil-military relations, free speech, and the limits of military authority over retired officers.
In a post on X, Hegseth said the Department of Defense has initiated proceedings to reduce Kelly’s retired rank under federal law, a move that would result in a corresponding cut to his military retirement pay. The Pentagon has also issued a secretarial letter of censure, a formal written reprimand that carries no immediate practical consequences but would become part of Kelly’s official military record.
“In response to Senator Mark Kelly’s seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret),” Hegseth wrote. “The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay.”
The statute cited by Hegseth allows the Pentagon to review whether a retired officer served satisfactorily at their highest rank, a process that can lead to demotion in retirement if misconduct is found. Such actions are rare and typically reserved for serious ethical or criminal violations uncovered after retirement.
Kelly, a former astronaut and combat veteran who served more than 20 years in the Navy, responded forcefully later Monday, vowing to contest the action and accusing the administration of attempting to silence political dissent.
“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,” Kelly wrote on X. “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.”
A copy of Hegseth’s letter of censure obtained by CNN includes language that appears to warn Kelly of potential criminal consequences if he continues similar conduct. While retired officers are generally not subject to the Uniform Code of Military Justice in day-to-day life, they can, under certain circumstances, still be recalled to active duty and prosecuted.
“If you continue to engage in conduct prejudicial to good order and discipline, you may subject yourself to criminal prosecution or further administrative action,” the letter states.
Hegseth’s letter accuses Kelly of engaging in a “pattern” of misconduct that constitutes a serious breach of the standards expected of retired military officers. According to the letter, Kelly’s participation in the video went beyond general legal education and crossed into active encouragement of disobedience.
“When viewed in totality, your pattern of conduct demonstrates specific intent to counsel servicemembers to refuse lawful orders,” Hegseth wrote. “This pattern demonstrates that you were not providing abstract legal education about the duty to refuse patently illegal orders. You were specifically counseling servicemembers to refuse particular operations that you have characterized as illegal.”
“Your conduct has had, and continues to have, a detrimental impact on military discipline and good order,” the letter continues. “For the reasons stated above, I hereby formally CENSURE you for conduct prejudicial to good order and discipline in the armed forces and conduct unbecoming an officer.”
Behind the scenes, Hegseth has been weighing a range of punitive options, according to CNN reporting, including reducing Kelly’s retired rank and pension or pursuing prosecution under military law. In November, Hegseth formally requested guidance from the Secretary of the Navy on how to proceed, signaling that the administration was seriously considering disciplinary action months before Monday’s announcement.
The controversy stems from a video released earlier this year featuring Kelly and five other Democratic lawmakers. In the video, they warned that “threats to our Constitution” are coming “from right here at home” and repeatedly urged members of the military and intelligence community to uphold their oath to the Constitution by refusing illegal orders. The video did not cite specific operations or commands, but it was sharply criticized by Trump administration officials, who characterized it as an attempt to undermine military authority.
Lawmakers from both parties have, in recent months, raised questions about the legality of certain US military actions, including strikes against suspected drug-smuggling vessels in the Caribbean and the deployment of active-duty forces to US cities over the objections of state governors. Critics argue those concerns underscore the importance of service members understanding their legal obligations, while administration officials say public messaging from elected officials risks sowing confusion and dissent within the ranks.
Some Republicans have expressed discomfort with the Pentagon’s move against Kelly. Sen. Roger Wicker of Mississippi, the Republican chair of the Senate Armed Services Committee, said last month that it would be inappropriate for the military to punish a sitting senator for political speech.
Asked by CNN whether such action was appropriate, Wicker shook his head. After a follow-up question, he replied simply, “You asked me that question, and my answer is no.”
The dispute is likely to intensify an already heated debate over the role of retired military officers in public life, the scope of free speech protections for veterans who enter politics, and whether the Pentagon’s actions risk politicizing the armed forces at a time of heightened domestic and global tensions.