WASHINGTON — In an unprecedented move that has sent shockwaves through the nation’s capital, Secretary of Defense Pete Hegseth announced Monday that he has issued a formal letter of censure to U.S. Senator Mark Kelly (D-AZ). The Secretary further confirmed the initiation of administrative proceedings aimed at stripping the retired Navy Captain and former astronaut of his military rank and pension, citing what he described as “seditious” behavior.
The controversy stems from a 90-second video released in November 2025 by Kelly and five other Democratic lawmakers, all of whom are veterans. In the footage, the lawmakers speak directly to active-duty service members, urging them to uphold their oath to the Constitution and reminding them of their legal obligation to refuse “unlawful orders.”
The Allegations of Sedition
Secretary Hegseth, posting on social media, characterized the video as a “reckless” attempt to undermine military discipline. “Senator Mark Kelly—and five other members of Congress—released a seditious video that was clearly intended to undermine good order and military discipline,” Hegseth stated. He argued that because Kelly is a retired officer receiving a pension, he remains subject to the Uniform Code of Military Justice (UCMJ).
Under 10 U.S.C. § 1370(f), the Department of Defense is now conducting a “retirement grade determination,” a rare process that could result in Kelly being demoted from his rank of Captain to a lower grade, significantly reducing his retirement pay.
Constitutional and Political Fallout
The move marks a dramatic escalation in the ongoing friction between the executive branch and its critics in Congress. Senator Kelly’s office immediately denounced the proceedings as an “unconstitutional effort to intimidate” a sitting senator. Legal experts have pointed out that military law already mandates that service members refuse illegal orders, making Hegseth’s “sedition” claim a point of intense legal debate.
The possible effects of this move include:
- A Constitutional Crisis: If a Secretary of Defense can successfully use the UCMJ to punish a sitting Senator for political speech, it could redefine the boundaries of the First Amendment and the Speech or Debate Clause.
- Military Polarization: The investigation risks deepening partisan divides within the ranks, as service members witness a high-profile veteran being prosecuted for reiterating standard UCMJ protocols.
- Precedent for Retired Veterans: This sets a chilling precedent for thousands of retired officers, suggesting their post-service political speech could be policed via their pensions.
Kelly has 30 days to respond to the censure, with a final determination on his rank expected within 45 days.
Sources
- The Guardian: Pete Hegseth issues formal censure to Democratic senator Mark Kelly
- PBS NewsHour: Hegseth issues letter of censure to Sen. Kelly after warning about following illegal orders
- CBS News: Hegseth moves to demote Sen. Mark Kelly and cut pension over video on illegal orders
- NOTUS: Pete Hegseth Moves to Cut Mark Kelly’s Military Retirement Pay Over ‘Seditious’ Comments
- Official Press Release: Senator Mark Kelly’s Response to Hegseth’s Allegations
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