Arizona US Sen. Mark Kelly censured, could be demoted over ‘illegal orders’ video

PHOENIX – Arizona U.S. Sen. Mark Kelly, a retired Navy captain, was officially censured and could be demoted for telling troops they should defy unlawful orders, Defense Secretary Pete Hegseth announced Monday.

“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 wrote in a post on X.

As part of the process, the Department of Defense issued a formal letter of censure to be placed in Kelly’s permanent military personnel file, Hegseth said.

“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.

Sen. Mark Kelly responds to censure, potential demotion

Kelly, who was given 30 days to respond to the censure and potential demotion, issued a response saying he earned his rank and retirement with over 25 years in the Navy and as an astronaut.

“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 United States and the secretary of defense would attack me for doing exactly that,” he said.

The Arizona Democrat said he won’t be deterred and accused the Trump administration of abusing its power.

“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. I will fight this with everything I’ve got — not for myself, 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,” he said.

Why was Sen. Mark Kelly censured?

Kelly came under scrutiny after he and five other Democrats appeared in a Nov. 18 video telling members of the U.S. military and the intelligence community they have a duty to refuse “illegal orders.”

Two days after the 90-second video was released, Trump called the participants “traitors” and accused them of sedition “punishable by death” on his Truth Social account.

On Nov. 24, the Pentagon announced it was reviewing “serious allegations of misconduct” against Kelly and warned he could face court-martial proceedings.

All six Democratic lawmakers in the video — Kelly, Sen. Elissa Slotkin (Mich.) and Reps. Jason Crow (Colo.), Chris Deluzio (Pa.), Chrissy Houlahan (Pa.) and Maggie Goodlander (N.H.) — served in the military or the intelligence community. But only Kelly is under investigation by the Pentagon because he, as a retired Navy commander receiving pay, is still subject to the Uniform Code of Military Justice while the others aren’t.

Full statements from Pete Hegseth and Mark Kelly

Here is Hegseth’s full, unedited message about the actions against Kelly:

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 is still accountable to military justice. And the Department of War — and the American people — expect justice.

Therefore, in response to Senator Mark Kelly’s seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret). 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.

To ensure this action, the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file.

Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response. The retirement grade determination process directed by Secretary Hegseth will be completed within forty five days.

Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.

These actions are based on Captain Kelly’s public statements from June through December 2025 in which he characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders. This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay.

And here is Kelly’s full, unedited response:

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 United States and the Secretary of Defense would attack me for doing exactly that.

My rank and retirement are things that I earned through my service and sacrifice for this country. I got shot at. I missed holidays and birthdays. I commanded a space shuttle mission while my wife Gabby recovered from a gunshot wound to the head — all while proudly wearing the American flag on my shoulder. Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve.

Pete Hegseth wants to send the message to every single retired servicemember that if they say something he or Donald Trump doesn’t like, they will come after them the same way. It’s outrageous and it is wrong. There is nothing more un-American than that.

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. I will fight this with everything I’ve got — not for myself, 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.

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