Hegseth Censures Senator Kelly Over Military Video Remarks/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ Defense Secretary Pete Hegseth issued a formal censure to Sen. Mark Kelly over a video urging troops to resist unlawful orders. The move may lead to a military rank demotion for Kelly, a retired Navy captain. Democrats denounced the action as politically motivated retaliation.
Kelly Censured Over Military Video — Quick Looks
- Defense Secretary Hegseth formally censures Sen. Mark Kelly
- Kelly’s video urged troops to defy illegal military orders
- Video featured six Democratic lawmakers, all former military
- Kelly singled out due to retired military status
- Censure could lead to Kelly’s demotion from Navy captain
- Hegseth cites violation of military code, discipline standards
- Schumer, Democrats call move “political retribution”
- Pentagon investigation focuses only on Kelly, not others in video
- Kelly calls probe an attempt to silence dissent
- Legal experts question legality of punishing retired conduct
- Kelly has 30 days to respond to proceedings
Hegseth Censures Senator Kelly Over Military Video Remarks
Deep Look
WASHINGTON — Senator Mark Kelly of Arizona is facing disciplinary action from the Department of Defense after participating in a video urging service members to reject unlawful orders — a message that has ignited fierce political backlash and raised constitutional questions.
On Monday, Defense Secretary Pete Hegseth issued a formal letter of censure to Kelly, a retired U.S. Navy captain, calling it a “necessary process step” that could result in a demotion from his retired rank. Kelly, a Democrat and former astronaut, has not publicly responded to the censure.
The controversy stems from a 90-second video released in November, in which six Democratic lawmakers — all veterans or former intelligence officials — appealed directly to active-duty troops to uphold the Constitution and resist “illegal orders.” The video, posted on Sen. Elissa Slotkin’s social media account, was produced amid rising political tensions and questions about military obedience during President Donald Trump’s second term.
While all participants were veterans, Kelly is the only one under Pentagon jurisdiction due to his formal retirement from the Navy. As a retired officer, he remains subject to certain provisions of the Uniform Code of Military Justice (UCMJ) — unlike his fellow lawmakers.
Shortly after the video’s release, President Trump accused the lawmakers of “sedition punishable by DEATH” in a highly inflammatory social media post. The Pentagon then launched an investigation into Kelly’s conduct, citing a federal statute that allows for the recall of retired service members for court-martial or disciplinary proceedings.
In his Monday statement, Hegseth alleged that Kelly’s remarks violated UCMJ standards, specifically charges of conduct unbecoming an officer and undermining good order and discipline. Hegseth warned that additional violations could trigger further action.
Senate Majority Leader Chuck Schumer called the move “a despicable act of political retribution,” defending Kelly as “a hero and a patriot” and accusing Hegseth of acting as a political tool for Trump.
Kelly, speaking to reporters in December, said the investigation was a warning to other military personnel and government employees to avoid speaking against the president. “This is just about sending a message,” he said. “Do not speak out against this president, or there will be consequences.”
The censure has raised legal and constitutional questions, particularly regarding the Speech or Debate Clause of the Constitution, which protects lawmakers from prosecution or questioning over official legislative acts.
Todd Huntley, a retired Navy captain and legal expert, noted that the retirement grade determination process being used is typically applied to conduct that occurred while the individual was on active duty — not after retirement. “So, I don’t know if conduct totally after retirement would fit the requirement,” Huntley said.
Still, Hegseth insists that Kelly’s current position in the Senate does not shield him from military accountability, despite the unusual nature of the proceedings.
In the original video, the lawmakers — including Kelly, Slotkin, Reps. Chrissy Houlahan, Jason Crow, Chris Deluzio, and Maggie Goodlander — said U.S. troops are under immense stress and must remain committed to lawful orders and constitutional principles. None of the others face investigation, as none are under Pentagon control.
The episode has also intersected with electoral politics. Kelly, whose name has been mentioned as a possible 2028 Democratic presidential contender, has made repeated visits to South Carolina in recent months — a critical early-primary state. His advocacy on gun control alongside his wife, former Rep. Gabby Giffords, has further raised his national profile.
Kelly and other Democrats have also used the controversy to fundraise, citing the Trump administration’s response as evidence of political overreach and a threat to democratic norms.
Hegseth’s announcement concluded by stating that Kelly has 30 days to respond to the censure and proceedings. A final decision on whether to demote his military rank will be made within 45 days.
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