WASHINGTON (AP) — Defense Secretary Pete Hegseth announced Monday that he is issuing a letter of censure to Democratic Sen. Mark Kelly of Arizona over the lawmaker’s participation in a video calling for troops to resist illegal orders.
Hegseth said the censure was “a necessary step in the process” for proceedings that could lead to Kelly’s demotion from the rank of retired captain in the US Navy.
In a lengthy post on X, Kelly said he “never expected” what he called an “attack” from Trump and Hegseth, recounting his 25 years of service in the Navy as well as combat and space missions. Calling Hegseth’s move “outrageous” and “un-American,” Kelly said he would fight the censorship “with everything I have — not for myself, but to send a message that Pete Hegseth and Donald Trump don’t get to decide what Americans in this country say about their government.”
The move comes more than a month after Kelly participated in a video with five other Democratic lawmakers calling on troops to defy “illegal orders.” President Donald Trump accused the lawmakers of sedition “punishable with DEATH” in a social media post days later.
Senate Democratic Leader Chuck Schumer of New York called Hegseth’s action against Kelly “a vile act of political revenge.”
“Mark Kelly is a hero and a patriot committed to serving the American people,” Schumer said on social media. “Pete Hegseth is a lap dog hired to serve one man – Donald Trump.”
In November, Kelly and the other lawmakers — all veterans of the armed services and intelligence community — called on the U.S. military to uphold the Constitution and defy “unlawful orders.”
The 90-second video was first posted on Sen. Elissa Slotkin’s X account. In it, the six lawmakers — Slotkin, Kelly and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan — speak directly to U.S. service members, who Slotkin admits are “under tremendous stress and pressure right now.”
The Pentagon announced it had begun an investigation into Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty at the order of the defense secretary for possible court-martial or other action.
While all six lawmakers have served in the military or intelligence community, Hegseth made clear in earlier remarks that Kelly was the only one facing an investigation because he is the only one of the lawmakers who has officially retired from the military and is still under the Pentagon’s jurisdiction.
Kelly said the investigation was part of an effort to silence dissent within the military.
“This is just about sending a message to retired service members, active service members, government employees — don’t speak out against this president or there will be consequences,” Kelly told reporters in mid-December.
In his post Monday, Hegseth charged that Kelly’s remarks in the video and afterward violated provisions of the Uniform Code of Military Justice against conduct unbecoming an officer and violations of order and discipline.
Kelly, along with some of the other Democrats in the original video, also sent out fundraising messages based on the Republican president’s reaction to their comments, efforts that went toward filling their own campaign coffers and raising their national profile.
In recent months, Kelly — whose name has often been mentioned as a potential 2028 Democratic presidential contender — has made several trips to South Carolina, traditionally an early primary state that kicks off his party’s 2024 nominating calendar. Appearing with his wife, former Rep. Gabby Giffords, at events calling for stricter gun control measures, local Kese members met early with gun owners laws, which support early law holders. it may be essential as the national aspirants try to make inroads into the critical state.
Hegseth said Monday that “Captain Kelly’s status as a sitting United States senator does not exempt him from liability, and further violations could result in further action.”
Todd Huntley, a retired Navy captain and judge advocate general, said this is a “new” situation that raises legal questions.
One issue, according to Huntley, is whether Kelly’s comments fall under the constitutional protections of the speech or debate clause.
The clause is meant to protect members of Congress from asking questions about official legislation, and a 1968 Supreme Court decision wrote that the intent of the provision was “to prevent legislative intimidation and accountability to the other branches of government.”
Huntley also said that while the type of process Hegseth is using here, known as retirement grading, is fairly common, “as far as I know, they’ve always been based on conduct during the person’s active service, even if it only came to light after retirement.”
“So I don’t know if total post-retirement conduct would fit the requirements for such a determination,” he added.
According to Hegseth, Kelly now has 30 days to submit a response to the proceedings that will decide if he is demoted. The decision will be made in 45 days, Hegseth’s post added.
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Kinnard reported from Columbia, SC Associated Press writer Stephen Groves contributed to this report.