On January 5, 2026, Secretary of Defense Pete Hegseth announced administrative action against retired Navy Capt. and U.S. Sen. Mark Kelly, citing what he described as “seditious” public statements made by Kelly between June and December 2025. The action includes a formal Letter of Censure and the initiation of retirement grade determination proceedings under 10 U.S.C. § 1370(f).
Hegseth alleged that Kelly characterized lawful U.S. military operations as illegal and encouraged service members to refuse lawful orders, conduct he said could violate Articles 133 and 134 of the Uniform Code of Military Justice. Although Kelly is retired, he continues to receive a military pension. The senator has 30 days to respond to the censure, with the review process expected to conclude within 45 days. Hegseth said Kelly’s status as a sitting member of Congress does not exempt him from accountability.
In response, Kelly defended his record, pointing to 25 years of service in the U.S. Navy, 39 combat missions, and four spaceflights. He said he earned his rank through sacrifice and accused Hegseth of attempting to intimidate retired service members for speaking out. Kelly called Hegseth “the most unqualified Secretary of Defense in history” and said the action was aimed at silencing criticism of the administration.
At a press conference on January 6, 2026, Kelly said the censure stemmed in part from a November 2025 video in which he and five colleagues reminded service members of their obligation under the UCMJ not to follow illegal orders. He noted that Hegseth had made similar statements in 2016 and argued the letter also referenced his criticism of the administration’s dismissal of senior military leaders. Kelly said the action threatens First Amendment protections for veterans and active-duty personnel and vowed to challenge it, citing his oversight role on the Senate Armed Services and Intelligence Committees.
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