Pete Hegseth Moves to Demote Sen. Mark Kelly’s Navy Retirement Rank After Democrat Urges Military Not to Follow Illegal Orders

Secretary of Defense Pete Hegseth says he wants the Pentagon to review Sen. Mark Kelly’s retired military rank and retirement pay, arguing the Arizona Democrat’s comments to service members encouraged disobedience of unlawful orders.

In an X post on Monday, Jan. 5, Hegseth responded to a November video featuring Kelly, 61, and five other Democrats speaking directly to members of the military and the intelligence community. In the video, they urged personnel to “refuse” illegal orders in the aftermath of U.S. military airstrikes on vessels in the Caribbean and eastern Pacific Ocean.

Hegseth called the video “reckless and seditious,” claiming it was intended to “undermine good order and military discipline.”

He wrote that, as a retired Navy captain receiving a military pension, Kelly remains subject to accountability under military rules, and said the Department of Defense had “initiated retirement grade determination proceedings” against him. Hegseth added that if Kelly’s retired grade is reduced, it would lead to “a corresponding reduction in retired pay.”

Hegseth also said a formal Letter of Censure had been issued and would be placed in Kelly’s official military personnel file. He added that Kelly had been notified of the basis for the action and would have 30 days to respond, while the review process would be completed within 45 days.

The Nov. 18 video included Kelly, Sen. Elissa Slotkin, and Representatives Christopher Deluzio, Maggie Goodlander, Chrissy Houlahan and Jason Crow. They spoke after airstrikes in September 2025 that were not authorized by Congress and whose legality has been debated, according to CNBC.

“Our laws are clear. You can refuse illegal orders,” Kelly said in the video. Kelly served in the armed forces for 25 years and retired in 2011.

Kelly, who also served as an astronaut, responded in a statement on his website, calling Hegseth’s move “outrageous” and “un-American.”

“If Pete Hegseth, the most unqualified Secretary of Defense in our country’s history, thinks he can intimidate me with a censure or threats to demote me or prosecute me, he still doesn’t get it,” Kelly said, adding that he would fight the action and insisting the administration does not get to decide what Americans can say about their government.

Hegseth argued that Kelly’s position as a sitting senator “does not exempt him from accountability,” and warned that “further violations could result in further action.”

Other Democrats who appeared in the video are not subject to the same consequences, according to CNBC, because they left the military through separation rather than retirement, meaning they are not subject to the Uniform Code of Military Justice.

In December, Kelly’s attorney, Paul J. Fishman, wrote there was “no legitimate basis” for proceedings and argued that any such effort would be unconstitutional and an extraordinary abuse of power, according to The New York Times.

Fishman’s letter—first obtained by Punchbowl News—also noted that Hegseth made similar remarks in a 2016 speech about the consequences of following unlawful orders. In that speech, Hegseth said, “That’s why the military said it won’t follow unlawful orders from their commander in chief,” CNN reported on Dec. 2.