Defense Secretary Pete Hegseth has initiated administrative action that could reduce Sen. Mark Kelly’s retired military rank and pension following Kelly’s participation in a video advising U.S. service members that they are not obligated to follow unlawful orders. The move has intensified a growing dispute between the Pentagon and Democratic lawmakers over civil-military norms and free speech.
Why It Matters
The case raises questions about the limits of speech for retired military officers who serve in elected office, as well as the extent to which the Uniform Code of Military Justice can be applied to political statements. It also underscores escalating political tensions within the Defense Department under the Trump administration.
What to Know
According to The Hill, Hegseth has directed the Pentagon to begin a retirement grade determination process that could lower Kelly’s rank and reduce his retirement pay. The Defense Department has also issued a formal letter of censure that will be placed permanently in Kelly’s military personnel file.
The actions stem from a video released last year featuring Kelly and five other Democratic lawmakers with military or intelligence backgrounds. In the video, the lawmakers reminded active-duty service members that they may refuse illegal orders. While the video did not reference specific military operations, it was released amid heightened scrutiny over the legality of U.S. strikes on suspected narcotrafficking vessels off the coast of South America.
Hegseth said the video undermined the chain of command, created confusion among service members, and violated Articles 133 and 134 of the Uniform Code of Military Justice. While the measures stop short of a court-martial, Kelly was formally notified and has 30 days to respond. The review process is expected to conclude within 45 days.
Kelly, a retired Navy captain, served more than two decades in uniform, deployed multiple times to the Persian Gulf, and later became a NASA astronaut. He retired from the Navy in 2011 but continues to receive military retirement pay.
What People Are Saying
In a public statement on X, Pete Hegseth accused Kelly of making “seditious” statements and said the senator remains accountable to military justice as a retired officer receiving pay.
Senate Minority Leader Chuck Schumer defended Kelly, calling the move political retaliation. In a post on X, Schumer described Kelly as “a hero and a patriot” and criticized Hegseth as acting in service of President Donald Trump.
Kelly responded forcefully, rejecting the allegations and framing the Pentagon’s action as an attack on free speech. In his statement, Kelly said he earned his rank through decades of service, combat missions, and spaceflight, and warned that the action sends a chilling message to retired service members who speak out on public issues.
The video at the center of the controversy, shared by Sen. Elissa Slotkin, emphasized that U.S. troops are legally obligated to refuse unlawful orders and did not cite specific military directives or operations, as seen in the original post.
What Happens Next
Kelly will have the opportunity to submit a formal response before the retirement grade determination is finalized. Hegseth has warned that additional actions could follow if further conduct is deemed prejudicial to good order and discipline.
The outcome could set a precedent for how the Pentagon handles political speech by retired officers serving in Congress, as well as how broadly military law can be applied beyond active duty service.
