Secretary of War Pete Hegseth announced Monday that the Department of War is moving to discipline a sitting U.S. senator and retired Navy captain over remarks he described as “seditious statements” that could undermine military order and discipline.
Hegseth instructed Secretary of the Navy John Phelan to review the senator’s retirement rank and provide recommendations for potential reductions in both rank and pension within 45 days.
The department also issued a formal censure letter, which will be added to the senator’s permanent personnel file and may support further disciplinary measures if misconduct continues.
“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,” he said in a statement. “As a retired Navy captain still receiving pay, he remains accountable under military law. The Department of War—and the American people—expect justice.”
The video featured the senator alongside five Democratic lawmakers with military or intelligence backgrounds.
The group encouraged service members to resist “illegal orders,” presenting the remarks as a warning to troops without acknowledging the broader legal context regarding presidential authority and lawful military operations.
The Department of War cited violations of Articles 133 and 134 of the Uniform Code of Military Justice, emphasizing that retired officers receiving pay remain subject to oversight.
Hegseth noted that holding a congressional seat does not grant immunity from military accountability and warned that further violations could prompt additional action.
In response, Kelly defended his statements as a First Amendment–protected effort to support service members in upholding lawful conduct.
“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 said in a post on X, according to The Blaze.
He added that Hegseth’s actions could send a chilling message to retired servicemembers expressing opinions contrary to administration priorities.
Legal experts note that the process, which includes potential reductions in rank and pension, underscores the principle that military rules remain enforceable for retired officers, even those now serving in public office.
Kelly has been given 30 days to respond to the censure findings, after which the Department of War will enforce appropriate administrative measures to maintain discipline.
Observers highlight the tension this case illustrates between military oversight and political expression, particularly for retired officers who enter elected office.
Conservative commentators emphasize that unchecked rhetoric could compromise the integrity of the armed forces and weaken the chain of command, while supporters of the senator stress the importance of protecting the free speech rights of veterans.
As the review progresses, this situation is likely to intensify debate over the balance between civil liberties and military accountability, serving as a cautionary example for lawmakers and retired service members alike.
The outcome could set a precedent for how military regulations are applied to those who transition from service to public office.
