WASHINGTON, D.C. — Defense Secretary Pete Hegseth on Monday issued a formal letter of censure against Sen. Mark Kelly, D-Ariz., and initiated retirement grade proceedings that could result in the senator losing rank and pay tied to his retired Navy status.
The action stems from a 90-second video released in November in which Kelly and five other Democratic lawmakers urged U.S. service members to refuse unlawful orders. The Pentagon cited Articles 133 and 134 of the Uniform Code of Military Justice, arguing Kelly’s participation constituted conduct unbecoming an officer and harmed good order and discipline.
Hegseth said the censure is a procedural step under federal law allowing retired service members to be reviewed or recalled, emphasizing that Kelly’s role as a sitting senator does not exempt him from accountability. Kelly has 30 days to respond, after which a 45-day review will determine whether his retired rank of captain is reduced and whether a permanent censure is placed in his military file.
President Donald Trump previously accused the lawmakers involved in the video of sedition, while Senate Democratic Leader Chuck Schumer condemned the move as political retaliation. Kelly has argued the investigation is intended to chill dissent among retired and active-duty personnel.
Legal experts note the case raises unresolved questions about civilian speech, congressional protections, and the military’s authority over retired officers for conduct occurring after active service.
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