Pete Hegseth targets Sen Mark Kelly's military status over video urging troops to resist orders

Pete Hegseth filed a Letter of Censure in Mark Kelly's military record, which will remain permanently, signaling the seriousness of the charges
PUBLISHED JAN 5, 2026
Pete Hegseth launched action against Sen Mark Kelly in a move that included retirement grade review and a formal censure, potentially cutting his pension benefits (Getty Images)
Pete Hegseth launched action against Sen Mark Kelly in a move that included retirement grade review and a formal censure, potentially cutting his pension benefits (Getty Images)

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.

BRUSSELS, BELGIUM - FEBRUARY 13: U.S. Secretary of Defence Pete Hegseth holds his closing press conference at the end of defense ministers' meetings at NATO headquarters on February 13, 2025 in Brussels, Belgium. NATO Defence Ministers are convening in Brussels for a meeting chaired by NATO Secretary General Mark Rutte. Hegseth marked the first visit to NATO by a member of the new Trump administration. High on the agenda for the allies will be ascertaining how the U.S. intends to influence the trajectory of the war in Ukraine, as the conflict nears the third anniversary of Russia's full-scale invasion. (Photo by Omar Havana/Getty Images)
Secretary of Defense Pete Hegseth holds his closing press conference at the end of defense ministers' meetings at NATO headquarters on February 13, 2025, in Brussels, Belgium (Omar Havana/Getty Images)

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.



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.

U.S. President Donald Trump delivers remarks during a press conference in the James S. Brady Press Briefing Room of the White House August 11, 2025 in Washington, DC. Trump was expected to announce his plan to deploy the National Guard and elements of federal law enforcement agencies to assist in crime prevention in the nation’s capital. Also pictured is U.S Secretary of Defense Pete Hegseth. (Photo by Andrew Harnik/Getty Images)
President Donald Trump delivers remarks during a press conference in the James S Brady Press Briefing Room of the White House, August 11, 2025, in Washington, DC (Andrew Harnik/Getty Images)

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.

WASHINGTON, DC - DECEMBER 16: U.S. Sen. Mark Kelly (D-AZ) arrives for a closed door meeting on Capitol Hill on December 16, 2025 in Washington, DC. U.S. Secretary of War Pete Hegseth and U.S. Secretary of State Marco Rubio are headed back to Capitol Hill to speak with lawmakers as questions mount about strikes carried out by the U.S. military on suspected drug boats out of Venezuela ordered by the Trump Administration. (Photo by Chip Somodevilla/Getty Images)
 Sen Mark Kelly (D-AZ) arrives for a closed-door meeting on Capitol Hill on December 16, 2025, in Washington, DC (Chip Somodevilla/Getty Images)

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. 

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