Pentagon Takes Disciplinary Action Against a Sitting Senator
The U.S. Department of Defense has begun formal disciplinary action against Sen. Mark Kelly, an Arizona Democrat and retired U.S. Navy captain, a move that will reduce his military retirement pay. Defense Secretary Pete Hegseth announced the decision Monday, accusing Kelly of making “seditious” statements in a video that addressed the rights of service members to refuse illegal orders.

Alongside the pay reduction, Hegseth issued a formal letter of censure, describing Kelly’s conduct as reckless and incompatible with military discipline. The action marks a rare and highly charged confrontation between the Pentagon and a sitting U.S. senator who remains subject to military law due to his retired status.

Why Kelly’s Retirement Pay Is at Risk
According to Hegseth, the Pentagon has initiated proceedings to reduce Kelly’s rank in retirement. Under military rules, a lower retired rank directly results in a smaller pension, potentially costing Kelly tens of thousands of dollars annually over the remainder of his life.

Hegseth emphasized that retired officers who receive military pay remain accountable under the Uniform Code of Military Justice. Kelly, who served more than 25 years in the Navy and retired as a captain, falls under that jurisdiction. He has been given 30 days to formally respond before the rank reduction is finalized.

The Video at the Center of the Dispute
The controversy stems from a video released roughly six weeks ago by Kelly and five other Democratic members of Congress. In the clip, lawmakers addressed U.S. service members following a series of U.S. military airstrikes in the Caribbean and eastern Pacific that targeted suspected drug smuggling vessels. Those operations reportedly involved about 20 strikes and resulted in multiple deaths, prompting debate over whether congressional authorization was required.

In the video, Kelly stated that service members have a legal right to refuse unlawful orders, saying plainly, “Our laws are clear: you can refuse illegal orders.” The Pentagon argues that Kelly went further, portraying lawful military operations as illegal and encouraging troops to disobey legitimate commands.

Why Kelly Faces Unique Consequences
While several veterans appeared in the same video, Kelly is the only one currently facing Pentagon discipline. The key distinction lies in his retirement status. Kelly retired from the Navy and continues to receive a military pension, leaving him subject to the UCMJ. The other former service members separated from the military without retiring and are therefore outside military jurisdiction.

The Pentagon had opened an investigation into Kelly in November, warning at the time that potential consequences could range from a reduction in rank to recall to active duty and even court-martial. Hegseth’s latest statement suggests the department has ruled out recall or court-martial, focusing instead on administrative punishment.

Pentagon’s Legal Rationale
In his statement, Hegseth said Kelly’s comments violated Articles 133 and 134 of the UCMJ, which cover conduct unbecoming an officer and actions that bring discredit upon the armed forces. He described the remarks as part of a broader pattern of public statements made between June and December 2025 that undermined military order and discipline.

Hegseth also warned that Kelly’s position in Congress does not shield him from accountability and that further violations could trigger additional penalties.

Kelly Pushes Back Forcefully
Kelly responded sharply, pledging to fight the decision “with everything I’ve got.” He accused Hegseth of political retaliation and called him “the most unqualified Secretary of Defense in our country’s history.”

In a lengthy public statement, Kelly pointed to his service record, which includes 39 combat missions, four space missions, and decades of military leadership. He described the personal sacrifices tied to his career, from missing family milestones to commanding a space shuttle mission while his wife, former Rep. Gabrielle Giffords, was recovering from a gunshot wound.

Kelly argued that his rank and retirement benefits were earned through service and sacrifice and warned that the Pentagon’s action could have a chilling effect on retired service members’ willingness to speak publicly.

Political Fallout Intensifies
The move has drawn sharp criticism from Democratic leadership. Senate Minority Leader Chuck Schumer called Kelly a hero and labeled the Pentagon’s action an act of political retribution. He accused Hegseth of using the department to target critics of the administration, framing the dispute as a broader test of civil-military norms and free speech.

What Comes Next
Kelly’s response during the 30-day window will determine whether the rank reduction proceeds. If finalized, the decision would permanently lower his military pension and set a precedent that could reverberate across the retired officer community.

Beyond the personal stakes for Kelly, the case raises broader questions about the boundaries of free speech for retired military officers, the reach of military law, and how far the Pentagon can go in disciplining political figures who still draw military retirement pay.