Hegseth goes after Mark Kelly's rank over "seditious" video
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Senator Mark Kelly during a vote at the US Capitol in Washington, DC, US, on Friday, Sept. 19, 2025. Photo: Daniel Heuer/Bloomberg via Getty Images.
Sen. Mark Kelly's (D-Ariz.) vowed that he will "fight" with "everything [he's] got" to stop Secretary of Defense Pete Hegseth from reducing his retirement ranking over conduct the secretary called "seditious" Monday after Kelly appeared in a video urging service members to disobey unlawful orders.
Why it matters: The potential demotion is a serious escalation, typically reserved for significant misconduct, and could drastically affect Kelly's pension.
What they're saying: "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," Hegseth said in a post on X on Monday.
- "As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. And the Department of War — and the American people — expect justice."
- "Therefore, in response to Senator Mark Kelly's seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action."
- That action includes a review of Kelly's activity, which could result in a "reduction in his retired grade," Hegseth said. A downgrade to the senator's ranking could impact the amount of money Kelly can receive from his pension.
The other side: "Over twenty-five years in the U.S. Navy, thirty-nine combat missions, and four missions to space, I risked my life for this country and to defend our Constitution – including the First Amendment rights of every American to speak out," Kelly said in an emailed statement Monday morning.
- "I never expected that the President of the United States and the Secretary of Defense would attack me for doing exactly that. My rank and retirement are things that I earned through my service and sacrifice for this country....Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve."
- "Pete Hegseth wants to send the message to every single retired servicemember that if they say something he or Donald Trump doesn't like, they will come after them the same way. It's outrageous and it is wrong. There is nothing more un-American than that," Kelly said.
- "I will fight this with everything I've got — not for myself, but 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."
Zoom in: Hegseth said his actions are based on Kelly's "public statements" from June through December 2025 in which he characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders.
- "This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay."
Catch up quick: In the video at the center of the conflict, Kelly and five fellow veterans and Democratic lawmakers told service members that "no one has to carry out orders that violate the law or our Constitution."
- "Our laws are clear. You can refuse illegal orders ... you must refuse illegal orders."
- The other lawmakers included Sen. Elissa Slotkin (D-Mich.), Reps. Jason Crow (D-Colo.), Maggie Goodlander (D-N.H.), Chris Deluzio (D-Pa.), and Chrissy Houlahan (D-Pa.).
The intrigue: Service members "have the right, and in some cases have the duty, to refuse illegal orders," as they swear an oath to the Constitution, not to the president or anyone else in the chain of command, according to the National Lawyers Guild Military Law Task Force.
Between the lines: Hegseth's announcement comes days after Kelly condemned the Trump administration's Saturday attack on Venezuela and the capture of the nation's leader, Nicolás Maduro, and his wife, Cilia Flores.
- "Over the past year, Trump's foreign policy has been reckless, chaotic, self-serving, and unconstitutional," Kelly said in a Saturday post on X. "Congress should vote this week to reassert its authority on behalf of the American people before he oversteps again."
- "I also want to recognize the professionalism and skill of the American service members involved in this operation. While I don't agree with the administration's justification for this, I'm thankful that no service members were killed or seriously injured."
What we're watching: Kelly has 30 days to submit a response to the proceedings, and the retirement grade determination process will be completed within 45 days.
Read the letter Hegseth sent to Kelly's counsel here:
Editor's note: This story has been updated with additional reporting throughout.
