Secretary of War Pete Hegseth on Monday announced “administrative action” against Sen. Mark Kelly (D-AZ) for a “reckless and seditious video” released with five other members of Congress.
“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 is still accountable to military justice. And the Department of War — and the American people — expect justice,” Hegseth said.
“Therefore, 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). 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,” he continued.
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
Full statement:
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 is still accountable to military justice. And the Department of War — and the American people — expect justice.
Therefore, 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). 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.
To ensure this action, the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file.
Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response. The retirement grade determination process directed by Secretary Hegseth will be completed within forty five days.
Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.
These actions are based on Captain Kelly’s public statements from June through December 2025 in which he characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders. This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay.
The Pentagon previously announced a probe of Kelly for his involvement in the video.
Sen. Mark Kelly facing cut in military pension over ‘illegal orders’ video after Pentagon probe https://t.co/JEdF5FDK1w pic.twitter.com/eUAg1gF7rq
— New York Post (@nypost) January 5, 2026
More from the New York Post:
Kelly, a retired Navy captain and former NASA astronaut, had joined Sen. Elissa Slotkin (D-Mich.) and Reps. Jason Crow (D-Col.), Maggie Goodlander (D-NH), Chris Deluzio (D-Pa.) and Chrissy Houlahan (D-Pa.) in making the controversial video this past November.
Of the six lawmakers who shot the video, Kelly was the only one in line for potential punishment as a retired servicemember.
Crow is an Army veteran who won a Bronze Star for his actions during the Iraq War. Deluzio and Kelly served in the Navy and Houlahan served in the Air Force, while Goodlander spent 11 years as an intelligence officer in the Navy Reserve. Slotkin is a former CIA analyst who also worked in the State Department and Pentagon during the Obama administration.
“Over twenty-five years in the U.S. Navy, thirty-nine combat missions, and four missions to space, I risked my life for this country and to defend our Constitution – including the First Amendment rights of every American to speak out. I never expected that the President of the United States and the Secretary of Defense would attack me for doing exactly that,” Kelly responded.
“My rank and retirement are things that I earned through my service and sacrifice for this country. I got shot at. I missed holidays and birthdays. I commanded a space shuttle mission while my wife Gabby recovered from a gunshot wound to the head– all while proudly wearing the American flag on my shoulder. Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve,” the Democrat senator continued.
“Pete Hegseth wants to send the message to every single retired servicemember 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. There is nothing more un-American than that. 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. 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,” he added.
Over twenty-five years in the U.S. Navy, thirty-nine combat missions, and four missions to space, I risked my life for this country and to defend our Constitution – including the First Amendment rights of every American to speak out. I never expected that the President of the…
— Senator Mark Kelly (@SenMarkKelly) January 5, 2026
ABC News shared further:
A court-martial would have been more complicated and experts say could have raised constitutional issues.
The censure letter says the video released by Kelly and other Democrats, along with statements Kelly made after its release “Undermines the Chain of Command; Creates Confusion About Duty; Brings Discredit Upon the Armed Forces; and Is Conduct Unbecoming an Officer.”
“When viewed in totality, your pattern of conduct demonstrates specific intent to counsel servicemembers to refuse lawful orders. 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,” the letter states.
“I hereby formally CENSURE you for conduct prejudicial to good order and discipline in the armed forces and conduct unbecoming an officer,” the letter reads.
The letter also warns Kelly against engaging in conduct “prejudicial to good order and discipline,” warning that the Senator may “subject yourself to criminal prosecution or further administrative action.”
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