Defense Secretary Pete Hegseth announced on X the expanding punishments for Sen. Mark Kelly, D-Ariz., who participated in a Nov. 18 video that pleaded with service members to refuse illegal orders.
Kelly, a retired Navy pilot — along with five other Democratic members of Congress — released the video amid a barrage of U.S. military strikes against alleged drug-carrying vessels in the Caribbean and eastern Pacific.
The video came 10 days before The Washington Post published an article that called into question the legality of an order that led to the killing of two survivors from the Sept. 2 strike. The article further alleged that in the the opening salvo of the Trump administration’s war on suspected drug traffickers, war crimes had possibly been committed.
“The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay,” Hegseth said on X.
Trump characterized the Nov. 18 video as seditious and said the behavior of lawmakers was “punishable by death,” according to a Truth Social post from the president.
Hegseth announced that he issued a formal letter of censure framing the case for Kelly’s “reckless misconduct,” which would remain in Kelly’s permanent military file.
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Kelly, according to Hegseth, has thirty days to submit a response, while the retirement grade determination process will finish in forty five days.
Hegseth has maintained that Kelly’s participation in the Nov 18. video violates Articles 133 and 134 of the Uniform Code of Military Justice, otherwise known as “conduct unbecoming of an officer and a gentleman” and a “general article” that applies to actions which undermine military discipline.
Kelly responded quickly to Hegseth’s tweet with one of his own, citing his 25 years in the Navy and 39 combat missions as proof of his dedication to the United States Constitution — and its First Amendment rights.
“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. “I will fight this with everything I’ve got.”
The Pentagon first announced its investigation into Kelly on Nov. 24 and cited, in a social media post, a federal law that allows the Defense Department to recall retired service members to active duty for court-martial.
The Defense Department ramped up its efforts in early December when it revealed that the preliminary review of Kelly had been escalated to “an official command investigation” for “serious allegations of misconduct,” according to an emailed Defense Department statement at the time.
Kelly has publicly stated that the investigation will do nothing to thwart his efforts to hold the Trump administration accountable for their actions and his lawyer provided an email to Navy Secretary John Phelan on Dec. 15 laying out a staunch warning that Kelly would take legal action if proceedings regarding his alleged sedition were to continue.
The U.S. began a military campaign on Sept. 2 targeting alleged drug-carrying vessels off the coast of Venezuela, in the Caribbean and eastern Pacific Ocean, in support of what the Pentagon has deemed counter-narcotics efforts.
As of Jan. 2, the Trump administration and U.S. military have disclosed 35 strikes, killing at least 114 people.
The U.S. military conducted a “large-scale strike” in the early morning on Saturday in Venezuela, capturing President Nicolás Maduro and transporting him to the United States to be indicted for criminal charges New York.
Maduro was previously indicted in 2020 on “narco-terrorism” conspiracy charges.
Riley Ceder is a reporter at Military Times, where he covers breaking news, criminal justice, investigations, and cyber. He previously worked as an investigative practicum student at The Washington Post, where he contributed to the Abused by the Badge investigation.
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