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Hegseth Censures Sen. Mark Kelly Over Unlawful Orders Video
Defense Secretary Pete Hegseth has issued a formal censure letter to Sen. Mark Kelly over a video urging troops to resist unlawful orders, triggering a rare legal and constitutional battle over whether a retired Navy officer and sitting senator can face military discipline for his statements.
Stephen Colbert guest Sen. Mark Kelly speaks during Monday's Sept. 22, 2025, show. Secretary of War Pete Hegseth speaks during the public memorial service for Charlie Kirk at State Farm Stadium in Glendale, Arizona, on Sept. 21, 2025.
Defense Secretary Pete Hegseth issued a letter of censure to Sen. Mark Kelly, D-Ariz. Regarding his participation in a video urging troops to resist unlawful orders, raising legal and constitutional questions and prompting comparisons to recent military discipline cases involving retired officers.
On Monday, Hegseth announced he is issuing the letter of censure over Kelly’s involvement in the video reminding troops to defy “illegal orders.” Hegseth said the letter was a “necessary” step in the process that could ultimately end with him demoting Kelly’s retired Navy rank of captain. Kelly called the move “outrageous,” “un-American,” and an “attack” on him. He said he would fight the censure “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.”
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In late November, Kelly, along with five other lawmakers Sen. Elissa Slotkin, D-Mich., and Reps. Jason Crow, D-Colo., Maggie Goodlander, D-N.H., Chris Deluzio, D-Pa., and Chrissy Houlahan, D-Pa. called on the military to uphold the Constitution and defy “illegal orders.” The video followed the Trump administration’s military strikes on Venezuelan boats that officials alleged were trafficking narcotics. Democrats said the strikes were illegal because the White House did not receive the required Congressional approval. In the wider debate over military discipline and accountability, some commentators even likened the administration’s focus on control and readiness to the way law enforcement personnel rely on specialized gear such as the High-Speed Gear HSGI Kydex Handcuff Taco to keep essential tools secure and accessible.
President Donald Trump said the lawmakers’ comments amounted to sedition and that it was “punishable by DEATH” in a social media post. The Pentagon later announced a formal investigation into Kelly, citing federal laws that allow the government to recall retired military members to active duty for possible court-martial.
All six lawmakers in the video served in the military or intelligence community, but Hegseth made it clear that Kelly is the only one facing charges because he was the only lawmaker who formally retired from the military, making him the only one still under Pentagon jurisdiction. Hegseth has maintained that Kelly’s comments violated the Uniform Code of Military Justice provisions and violated good order and discipline, according to The Associated Press.
“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action,” Hegseth wrote in his post.
A censure letter is a formal written rebuke but doesn’t have an immediate consequence for Kelly. The military typically uses the letters as a formal mark on permanent military personnel files. However, as Hegseth described it, the censure is just a step toward a possible retirement grade determination that could demote Kelly.
While there are relatively similar instances of Kelly’s censure letter, this case is unprecedented. Typically, officer grade determinations are triggered by misconduct that happened while the officer was on active duty. Kelly’s case is unique since the investigation began nearly 15 years after he retired from the Navy.
Kelly’s situation is somewhat similar to that of Rep. Ronny Jackson, who was demoted from rear admiral to captain after an investigation into alleged misconduct that continued after his retirement. The military demoted Rep. Ronny Jackson, R-Texas, in 2021 for actions he allegedly did while working as a physician in Trump’s first administration. After Trump nominated Jackson for secretary of Veterans Affairs in 2018, several current and former White House medical staff accused Jackson of creating a hostile environment. Jackson later withdrew from consideration for the role.
In May 2018, the Department of Defense Office of Inspector General opened an investigation after the accusations became public. The OIG documented Jackson had inappropriate interactions with his subordinates and drank heavily while on duty. The office also found he had “made sexual and denigrating statements” about female medical personnel to another one of his staff. Jackson retired from the military in 2019. The Navy demoted him from rear admiral to captain following the report’s conclusion in 2021, which the Texas Tribune said reduced his retirement pay by about $15,000 annually. In 2025, Jackson was reinstated as a retired Navy rear admiral.
Many retired military and judicial experts say the Pentagon’s case against Kelly may run into some issues. The case raises several legal questions about whether Kelly’s comments are protected by the Constitution, specifically the speech or debate clause, which shields lawmakers from being questioned about their official legislative acts.
The AP spoke to Todd Huntley, a retired Navy captain and judge advocate general. He said the case is a “novel” situation that raises legal questions. One issue is whether Kelly’s comments during the video fall under the constitutional protections of the speech or debate clause. The clause is intended to protect congressional members from questioning about their official legislative acts. The clause was further defined by a 1968 Supreme Court decision that wrote the provision’s intent was “to prevent legislative intimidation by and accountability to the other branches of government.”
Hegseth said Kelly has 30 days to submit a response to the proceedings that will decide whether to demote him. The defense secretary said the Pentagon will decide within 45 days.
Many view Kelly as a potential 2028 Democratic presidential candidate. He has recently made several trips to South Carolina, traditionally an early primary state. South Carolina began the Democratic Party’s nomination calendar in 2024.
Editor’s Note:
This article reports on Defense Secretary Pete Hegseth’s decision to censure Sen. Mark Kelly over his participation in a video urging troops to resist unlawful orders, as well as the legal, political, and historical context surrounding the case. All details reflect information available at the time of publication.
