Pentagon to demote Senator Mark Kelly, cut Navy retirement pay over "reckless misconduct" allegation linked to a video on unlawful orders. Details on the censure and response.
Senator Mark Kelly’s response to Pentagon censure: “I will fight this with everything I’ve got” (Image: X)
The Pentagon announced Monday it will demote retired Navy Captain Mark Kelly and slash his military retirement pay, alleging “reckless misconduct” by the U.S. Senator from Arizona. Defense Secretary Pete Hegseth said the action stems from a video in which Kelly and other Democratic lawmakers urged troops to refuse illegal orders.
The Pentagon alleges Kelly engaged in “reckless misconduct” and actions “seditious in nature” for his role in a November 18 video message. In that video, Kelly and other Democrats advised service members to refuse any unlawful orders.
The video was released amid Democratic concerns over U.S. military strikes on suspected drug traffickers in Latin American waters. The administration considers those targets terrorists, but critics question the legality of the orders.
Defense Secretary Hegseth said the Department has started administrative proceedings to:
Hegseth stated that Kelly’s status as a sitting senator does not grant him immunity and warned that “further violations could result in further action.”
Kelly vowed to fight the Pentagon’s move, calling it a politically motivated attack on free speech and a warning to all veterans.
“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,” Kelly said in a statement on X. He defended the video, saying it merely stated the legal obligation of troops to disobey unlawful orders.
The move is the latest in a series of actions by the Trump administration against critics. It follows a purge of senior military leadership and criminal charges against other political adversaries, though some cases have been dismissed.
The administration had previously threatened to recall Kelly to active duty for court-martial. The current administrative censure is a lesser, though still unprecedented, action against a sitting senator.
Secretary Hegseth noted that Kelly has 30 days to formally respond to the allegations. The administrative process is set to conclude 15 days after Kelly’s response is received.
The Pentagon referred to itself as the “Department of War” in its statement, an informal name the administration has adopted. A formal name change would require an act of Congress.
A: He and other lawmakers urged U.S. troops to refuse any orders they believe to be illegal, a standard principle of military law.
A: Yes. Through an administrative process, retired officers can be demoted and have retirement pay reduced for misconduct committed after retirement.
A: This type of administrative action against a sitting senator is highly unusual and appears to be without modern precedent.
A: U.S. military law and doctrine require service members to disobey orders that are unlawful.
A: Secretary Hegseth warned that “further violations could result in further action.” The administration had previously floated the possibility of a court-martial.
