Pete Hegseth targets Sen Mark Kelly's military status over video urging troops to resist orders
WASHINGTON, DC: Secretary of War Pete Hegseth has announced sweeping administrative action against Sen Mark Kelly, accusing the Arizona Democrat of “seditious” conduct and initiating a process that could strip the retired Navy captain of his rank and reduce his military pension.
In a statement posted to X on Monday morning, January 5, Hegseth said that the Department of Defense had begun retirement grade determination proceedings under 10 USC § 1370(f), citing public remarks in which Kelly urged service members to refuse illegal orders.
Hegseth also said that he has issued a formal Letter of Censure that will be placed in Kelly’s permanent military personnel file.
Pete Hegseth cites 'reckless and seditious' conduct
Hegseth wrote that six weeks ago, Senator Mark Kelly and five other members of Congress released a reckless and seditious video that was seemingly intended to undermine good order and military discipline.
"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,” he added.
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. As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he…
— Secretary of War Pete Hegseth (@SecWar) January 5, 2026
Hegseth said that the department is taking administrative action against “Captain Mark E Kelly, USN (Ret),” including retirement grade determination proceedings that could result in a reduction in Kelly’s retired grade and corresponding retired pay.
Hegseth added, “To ensure this action, the Secretary of War has also issued a formal Letter of Censure,” which will become part of Kelly’s official and permanent military record.
Pete Hegseth points to alleged violations of military law
According to Hegseth, Kelly has been formally notified and has 30 days to respond, with the review process expected to conclude within 45 days.
He warned that Kelly’s status as a sitting US senator “does not exempt him from accountability” and said that further violations could result in additional action.
Hegseth said the actions are based on Kelly’s public statements from June through December 2025, accusing him of characterizing lawful military operations as illegal and counseling service members to refuse lawful orders.
He argued that the conduct violated Articles 133 and 134 of the Uniform Code of Military Justice, which cover conduct unbecoming of an officer and general misconduct.
Debate intensifies over messaging
Kelly and others have argued that service members are legally obligated to refuse unlawful orders, a principle embedded in US military law and the laws of armed conflict.
Hegseth and his allies contend that such messaging undermines military discipline by casting doubt on duly authorized operations.
The confrontation comes amid scrutiny of US actions in Latin America, including discussions about the capture of Venezuelan President Nicolas Maduro.