Hegseth censures Sen. Mark Kelly after 'illegal orders' video

WASHINGTON - Defense Secretary Pete Hegseth announced on Jan. 5 that he has moved to formally censure U.S. Senator Mark Kelly, and that a so-called "Retirement Grade Determination proceeding" will be started against Sen. Kelly.

If the process goes forward, Sen. Kelly could lose his rank as a retired Navy Captain, and see his military pension reduced.

The backstory:

A video posted on social media last November by Kelly and five other members of Congress told members of the military, "You can refuse illegal orders."

"You can refuse illegal orders," Sen. Elissa Slotkin said into the camera. "No one has to carry out orders that violate the law."

It ends with a military phrase saying, "don't give up the ship."

After the video was released, President Donald Trump threatened the lawmakers with jail time, saying the video was "seditious behavior, punishable by death."

"It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand - We won’t have a Country anymore!!! An example MUST BE SET," Trump wrote on Truth Social.

In December, the Pentagon announced it was launching a full command investigation into Kelly over allegations of "serious misconduct."

Hegseth's 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."

Sen. Kelly, political analyst react

Sen. Kelly has released a statement on the matter. It reads:

"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.  

"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.  

"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."

Sen. Kelly also posted a video on X to address the matter.

Expert Perspective:

Political consultant Stan Barnes also weighed in.

"If you needed any other evidence that Washington politics is a blood sport. This is it," said Barnes. "If you're Senator Kelly, and you're already an astronaut and a U.S. Senator, and you'd like to be the President of the United States, having Donald Trump attack you in this manner, which some consider unfair, is a very good thing politically. It separates him from others in the Democratic side of the aisle that would like to be considered presidential material."

Barnes called this a pivotal moment in U.S. history, with long-term political impacts.

"Will this look like the kind of thing that should happen to someone in the U.S. Senate for saying the things he did? Or does it look like political penance that is petulant?" Barnes said.

Barnes also said he expects everything leading up to the 2026 midterm election  to be "bruising and very personal and very difficult for candidates and for the public."

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