The Pentagon is taking action to demote Senator Mark Kelly and cut his military retirement pay. The conflict stems from a video where the Arizona Democrat urged service members to refuse illegal orders.
WASHINGTON – In an extraordinary move, the Pentagon has initiated proceedings to demote U.S. Senator Mark Kelly and reduce his military retirement benefits. The action, announced by Defense Secretary Pete Hegseth, cites a video in which the Arizona Democrat and five other former service member lawmakers urged troops to refuse unlawful orders.
The Pentagon’s Charges and Kelly’s Response
Defense Secretary Pete Hegseth announced the department has started “retirement grade determination proceedings” against Senator Mark Kelly, a retired Navy captain and former astronaut. The move could formally lower his retired rank and result in a significant cut to his military pension. Hegseth described Kelly’s participation in the video as “seditious” and “reckless misconduct” intended to undermine military discipline.
Senator Mark Kelly responded defiantly, calling the action “outrageous” and “un-American.” In a statement, he vowed to fight the proceedings, framing them as a political intimidation tactic. “I will fight this with everything I’ve got… 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,” Kelly stated.
Source of the Controversy: The “Refuse Illegal Orders” Video
The conflict began with a video released in November. It featured Senator Mark Kelly. Five other Democratic lawmakers with military or intelligence backgrounds appeared with him. In the clip, they reminded U.S. service members of their oath and duty to refuse illegal orders. The video was released amid ongoing legal and ethical questions surrounding U.S. military strikes on suspected drug-trafficking vessels.
While the lawmakers framed their message as a reaffirmation of military law and the Constitution, the Trump administration and Pentagon leadership characterized it as seditious, claiming it was a direct attempt to counsel disobedience toward specific, ongoing military operations.
Legal and Political Implications
The administrative action against Senator Mark Kelly is highly unusual for a sitting member of Congress and a retired officer. He has 30 days to submit an official response to the Pentagon’s notice. The proceedings stop short of the previously floated threat to recall Kelly to active duty for court-martial but include a formal letter of censure warning that future similar conduct could lead to criminal prosecution.
The case raises profound questions about the limits of free speech for retired officers, the separation of powers, and the administration’s response to political dissent. Some Republicans criticized the move. The Senate Armed Services Committee chair said the military should not punish a senator for those statements.
Frequently Asked Questions
Senator Mark Kelly is a Democrat from Arizona, a retired U.S. Navy captain, former NASA astronaut, and the husband of former Rep. Gabby Giffords.
The Pentagon initiated proceedings to demote Mark Kelly and cut his retirement pay due to his participation in a video where he and other lawmakers urged military members to refuse illegal orders, which the Defense Secretary called “seditious.”
In the video, Senator Mark Kelly stated, “Our laws are clear. You can refuse illegal orders,” emphasizing that service members swear an oath to the Constitution.
Senator Mark Kelly has called the Pentagon’s action “outrageous” and “un-American,” vowing to fight it as an attempt at political intimidation and a violation of free speech.
Senator Mark Kelly has 30 days to respond to the Pentagon’s notice. An administrative review will then be concluded, which could result in a formal reduction of his retired rank and pension.
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