Sen. Mark Kelly, D-Ariz., joins veterans and other Democratic lawmakers on May 6, 2025, at a rally on Capitol Hill. (Eric Kayne/Stars and Stripes)
WASHINGTON — Defense Secretary Pete Hegseth on Monday censured Sen. Mark Kelly and moved to demote his military rank after telling troops in a video they could refuse unlawful orders.
“The Department of War — and the American people — expect justice,” Hegseth posted on X. The Department of War is the secondary name for the Defense Department after President Donald Trump signed an executive order in September.
In November, Kelly, a retired Navy captain, participated in a video alongside five other Democratic lawmakers who served in the military and intelligence community urging service members to remember their oaths to the Constitution and disobey illegal orders. Kelly, D-Ariz., retired from the Navy in 2011 and is a member of the Senate Armed Services Committee, which conducts congressional oversight of the Pentagon.
The Pentagon launched a review at the time.
In response to Kelly’s “seditious statements,” Hegseth said the Pentagon initiated retirement grade proceedings, which could result in grade reduction and retirement pay. Hegseth also issued a formal letter of censure, saying it “is a necessary step” and will be placed on Kelly’s permanent military personnel file.
“Captain Kelly has been provided notice of the basis for this action and has 30 days to submit a response. The retirement grade determination process directed by Secretary Hegseth will be completed within 45 days,” Hegseth wrote. “Captain Kelly’s status as a sitting United States senator does not exempt him from accountability, and further violations could result in further action.”
Defense Secretary Pete Hegseth speaks at a news conference to discuss Operation Absolute Resolve on Jan. 3, 2026 in Palm Beach, Fla. Secretary of State Marco Rubio, is at left, and President Donald Trump is at right. (Department of Defense)
Hegseth added these actions are based on comments made by Kelly from June to December 2025 in which he “characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders.”
Kelly responded on X by acknowledging he risked his life in more than 25 years of service, including 39 combat missions, to protect the country and defend the Constitution — including first amendment rights.
“I never expected that the President of the United States and the Secretary of Defense would attack me for doing exactly that,” Kelly said. “Pete Hegseth wants to send the message to every single retired service member that if they say something he or Donald Trump doesn’t like, they will come after them the same way. It’s outrageous, and it is wrong. I will fight this with everything I’ve got.”
Kelly appeared in the video alongside Sen. Elissa Slotkin of Michigan, who previously worked as a CIA analyst; and Reps. Maggie Goodlander of New Hampshire, a former Navy reservist; Chrissy Houlahan of Pennsylvania, a former Air Force officer; Jason Crow of Colorado, a former Army Ranger; and Chris Deluzio of Pennsylvania, a Navy veteran.
In the video, Kelly addresses the military and intelligence community, saying “Like us, you swore an oath.” He later states, “Our laws are clear: you can refuse illegal orders.”
At the time, the Pentagon came under scrutiny after a Sept. 2 attack on a suspected drug boat in the Caribbean. Lawmakers called for investigations into the attack after news reports revealed the first strike had failed to destroy the boat and left two survivors clinging to the wreckage.
The Republican chairmen of the House and Senate Armed Services Committees in December said they were satisfied with the Pentagon’s explanation and would not pursue further congressional oversight of the episode.
