Secretary of War Pete Hegseth announced Jan. 5 that he is issuing a formal letter of censure against Democratic Sen. Mark Kelly of Arizona, a retired Navy captain, over a November video in which Kelly and other Democratic lawmakers told U.S. service members they “can” and “must” refuse unlawful orders from the Trump administration.
“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 statement on X.
Hegseth said that Kelly, who receives military retirement pay, remains subject to military standards of conduct. He called the censure a “necessary process step” in the department’s review of Kelly’s actions and said it will be placed in the senator’s official and permanent military personnel file.
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. As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he…
— Secretary of War Pete Hegseth (@SecWar) January 5, 2026
Hegseth also directed the secretary of the Navy to complete a review of Kelly’s retired rank and pay within 45 days. The department said Kelly has 30 days to submit a written response.
According to FOX News, letters of censure typically document alleged misconduct and can be used to justify reductions in rank, pay, or benefits. The outlet reported that Kelly could face a demotion from captain (O-6) to commander (O-5), potentially reducing his monthly retirement pay by roughly $1,000, from about $6,000.
The controversy centers on a Nov. 18 video featuring Kelly alongside five other Democratic lawmakers: Sen. Elissa Slotkin, D-Mich., Rep. Chris Deluzio, D-Pa., Rep. Chrissy Houlahan, D-Pa., Rep. Maggie Goodlander, D-N.H., and Rep. Jason Crow, D-Colo. In the video, the lawmakers told service members they “can” and “must” refuse unlawful commands, without citing any specific order, as CatholicVote previously reported.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the six lawmakers said. They later added, “Our laws are clear. You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders.”
In his statement, Hegseth said Kelly’s conduct was “seditious in nature” and cited potential violations of Articles 133 and 134 of the Uniform Code of Military Justice. Article 133 addresses conduct “unbecoming an officer,” and Article 134 covers actions “prejudicial of good order and discipline” or that “bring discredit upon the armed forces.”
Hegseth added that Kelly’s status as a sitting U.S. senator “does not exempt him from accountability” and warned that further violations could prompt additional action.
Kelly criticized Hegseth’s announcement later Jan. 5, arguing the move threatens free speech and sets a dangerous precedent. In a statement posted on X, he cited his Navy career, combat missions, and service as a NASA astronaut, and said the censure amounts to political retaliation.
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. I never expected that the President of the…
— Senator Mark Kelly (@SenMarkKelly) January 5, 2026
“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,” he wrote on X. “I never expected that the President of the United States and the Secretary of Defense would attack me for doing exactly that.”
Kelly accused Hegseth and the Trump administration of intimidation and said he intends to challenge the censure.
“I will fight this with everything I’ve got — not for myself,” he concluded, “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.”