The U.S. Department of War has opened administrative proceedings against Mark Kelly, a Democratic senator from Arizona and retired Navy captain, over what officials describe as “reckless and seditious” statements made in a video urging U.S. service members to refuse what he and other lawmakers characterized as illegal orders.
The action was announced Monday by Pete Hegseth, who said the video undermined good order and military discipline. The video, co-produced by Kelly and five other Democratic lawmakers and released in November about U.S. military operations, writes The Associated Press.
"I'm Senator Elissa Slotkin..
No one has to carry out orders that violate the law."
Slotkin, in her time as high IC command under Bush and Obama, headed the Iraq portfolio.
Illegal bombings, illegal torture, illegal prisons, illegal drone strikes.
If anybody followed illegal… pic.twitter.com/qsFWJl84FS— Charlie LeDuff (@Charlieleduff) November 25, 2025
None of the Democrats in the video have said what orders they find to be illegal.
Because Kelly is a retired Navy captain who continues to receive a military pension, he remains subject to the Uniform Code of Military Justice. The Department of War has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), a process that could result in a reduction of Kelly’s retired rank and a corresponding cut to his pension.
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
A formal Letter of Censure outlining the alleged misconduct has been issued and will be permanently placed in Kelly’s military personnel file. According to the department, the case is based on public statements Kelly made between June and December 2025, in which he allegedly described lawful military operations as illegal and advised troops to disobey orders. Hegseth cited potential violations of Articles 133 and 134 of the UCMJ, covering conduct unbecoming an officer and actions prejudicial to good order and discipline.
Kelly has been given 30 days to respond. The review is expected to conclude within 45 days, by mid-February 2026.
Kelly, a former Navy pilot and NASA astronaut who has represented Arizona in the Senate since 2020, has previously dismissed similar inquiries as “political bullying.” His office had not issued a formal response as of Monday. Hegseth emphasized that Kelly’s status as a sitting U.S. senator does not exempt him from military accountability and warned that additional violations could trigger further action.
In 2024, the Arizona senator was a favorite of Barack Obama to replace Joe Biden for the Democratic nomination, but was quickly pushed aside by Kamala Harris after it was revealed that he had strange connections to China.
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Demote him
Reduce pay & benefits