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The Pentagon has moved to cut the military retirement rank and pay of Democratic Senator Mark Kelly, escalating a rare disciplinary action tied to a video that advised U.S. service members they could refuse illegal orders.
Pete Hegseth announced the decision on X on Monday, saying the Department of War had opened a formal process that could reduce Kelly’s retired rank as a Navy captain.
- The Pentagon initiated a formal process to reduce Senator Mark Kelly's retired Navy captain rank and cut his pension.
- Kelly appeared in a video advising military members that they can refuse illegal orders following controversial airstrikes.
- Secretary of War Pete Hegseth called Kelly's video "reckless and seditious," accusing him of undermining military discipline.
- Kelly vowed to fight the proceedings, citing his 25+ years of Navy service, combat missions, and space flights as proof of loyalty.
Any downgrade would automatically lower the pension Kelly receives as a retired officer, and he now has 30 days to submit a response.
Pete Hegseth described the video Mark Kelly appeared in as ‘seditious’
Image credits: Joe Raedle/Getty Images
The move is linked to a video posted to X on November 18, featuring Kelly and five other Democratic members of Congress.
In the clip, the lawmakers spoke directly to U.S. service members following controversial airstrikes targeting suspected drug-smuggling boats in the Caribbean and eastern Pacific.
Those strikes, which killed dozens of people, were carried out without explicit authorization from Congress, and their legality has been questioned by lawmakers and legal experts.
In the one-and-a-half-minute clip, Kelly said that U.S. law allows members of the military to refuse unlawful orders.
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
“Our laws are clear: you can refuse illegal orders,” he said in the video.
Hegseth has described the video as “reckless and seditious,” accusing Kelly of undermining military discipline.
He said Kelly’s comments went beyond protected speech and amounted to counseling service members to refuse lawful orders.
“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,” Hegseth wrote on X.
“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.”
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
Unlike the other veterans who appeared in the video, Kelly did not separate from service but retired, keeping him under certain provisions of the Uniform Code of Military Justice.
Hegseth claims Kelly violated this code through public statements he made from June through December 2025, alleging that Kelly “characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders.”
In response to the action and Hegseth’s claims, Kelly vowed to fight the proceedings as he pointed to his decades of military service, combat experience, and time as an astronaut as evidence of his commitment to the country.
“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,” Kelly said.
“I never expected that the President of the United States and the Secretary of Defense would attack me for doing exactly that.”
Kelly said he would fight the proceedings ‘with everything I’ve got’
Image credits: Anna Moneymaker/Getty Images
Kelly said his rank and retirement were earned through sacrifice, including time spent away from his family and service during moments of personal hardship.
He accused Hegseth of trying to intimidate retired service members who speak critically of the administration.
“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,” Kelly wrote. “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.”
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
“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.”
The dispute comes following the recent capture of Venezuelan President Nicolás Maduro, which has further sharpened debate in Washington over executive authority and the use of force abroad.
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