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Defense Secretary Pete Hegseth said Monday that he has formally censured Sen. Mark Kelly and initiated administrative proceedings to review whether the Arizona Democrat’s Navy rank should be reduced in retirement, escalating a weeks-long dispute over the senator’s public criticism of U.S. military operations.
Hegseth announced the move on social media, arguing that Kelly — a retired Navy captain — remains “accountable to military justice” and accusing him of making “reckless and seditious statements,” allegations legal experts say are unsupported by law.
The action centers on a widely circulated video in which Kelly and five other Democratic lawmakers reminded U.S. service members that they are obligated to refuse illegal orders. President Donald Trump and his allies reacted angrily to the video, which came amid mounting criticism of the administration’s domestic troop deployments and its lethal anti-smuggling operations in Latin America.
Extraordinary Action Against a Sitting Senator
Hegseth stopped short of announcing criminal charges but said the Pentagon would open a “grade determination” review — a rarely used administrative process that assesses the rank at which a service member retires — and issued a formal letter of censure that will be placed in Kelly’s permanent military personnel file.
“This Censure is a necessary process step,” Hegseth wrote, adding that Kelly has 30 days to respond.
The defense secretary alleged that Kelly violated Articles 133 and 134 of the Uniform Code of Military Justice — provisions covering “conduct unbecoming an officer” and actions prejudicial to good order and discipline — by “characterizing lawful military operations as illegal and counseling members of the Armed Forces to refuse lawful orders.”
Hegseth did not cite specific statements beyond the video, which has been viewed millions of times since it was posted in November.
The FBI is also involved in the matter, according to Hegseth, though no criminal referral has been announced.
Kelly Pushes Back
Kelly responded with a blistering statement, accusing Hegseth and Trump of attempting to intimidate critics and punish protected speech.
“I’ve risked my life for this country and for the Constitution — including the First Amendment,” Kelly said. “If Pete Hegseth thinks he can silence me with threats of censure or demotion, 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 get to say about their government,” he added.
Kelly retired from the Navy in 2011 after 24 years of service, including combat flights during the Persian Gulf War. He later became an astronaut and entered politics after his wife, former Rep. Gabrielle Giffords, survived an assassination attempt in 2011.
Legal Experts Question Authority
Military law experts said the Pentagon’s move appears designed more to send a political message than to withstand legal scrutiny.
Sean Timmons, a former Army attorney and managing partner at Tully Rinckey, said the decision signals an effort to chill speech by retired service members who criticize the administration.
“The message is loud and clear: toe the line or face the consequences,” Timmons said, adding that administrative punishment carries a far lower evidentiary bar than criminal prosecution.
But Eugene Fidell, a military law scholar at Yale Law School, said the effort is unlikely to survive.
“This is dead on arrival as a grade determination,” Fidell said, noting that such reviews generally apply only to misconduct that occurred while a service member was on active duty. “It’s free speech, and there is no authority to reopen a retired rank on this basis.”
Broader Political Fallout
Kelly was singled out because he receives a military pension, though the video was organized by Sen. Elissa Slotkin of Michigan and featured several other veterans now serving in Congress, including Reps. Jason Crow, Chrissy Houlahan, Chris Deluzio and Maggie Goodlander.
In the video, Kelly stated plainly: “Our laws are clear. You can refuse illegal orders.”
Trump responded by branding the lawmakers “traitors” and claiming they should be “arrested and put on trial,” writing that their actions were “punishable by DEATH!” A White House spokeswoman later said the president did not intend literal executions but accused the lawmakers of encouraging chaos.
The confrontation marks one of the most aggressive attempts by a modern administration to use military authority against a political opponent — and a sitting U.S. senator — over public speech.
