Senator Mark Kelly of Arizona is facing potential demotion and a reduction in military retirement pay following a formal censure issued by Defense Secretary Pete Hegseth. The censure stems from a video released by Kelly in late 2022, where he urged U.S. service members to refuse illegal orders. Hegseth’s announcement on Monday marks a significant step in a process that could impact Kelly’s retired rank and pay.
Details of the Censure and Review Process
The formal censure, announced by Hegseth, includes official proceedings to downgrade Kelly’s retired rank and pay grade. John Phelan, the Secretary of the Navy, has been tasked with reviewing Kelly’s status and must submit a recommendation to the Defense Department within the next 45 days. Hegseth stated, “As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. The Department of War — and the American people — expect justice.”
A military censure typically involves a letter that expresses strong disapproval of a service member’s conduct and is placed in their official file. For Kelly, this action ensures that a review will take place regarding his rank and pay. He will have 30 days to appeal Hegseth’s order.
Response from Senator Kelly
In response to the censure, Kelly criticized the move as an attempt by Hegseth to intimidate retired service members. He claimed that the censure sends a message that those who voice dissent against Hegseth or former President Donald Trump will face repercussions. “It’s outrageous and it is wrong,” he stated. “There is nothing more un-American than that.” Kelly vowed to contest the demotion, asserting that Hegseth and Trump should not dictate what Americans can say about their government.
The censure follows Kelly’s public statements made between June and December 2022, during which Hegseth accused him of mischaracterizing lawful military operations as illegal and advising service members to refuse lawful orders. A notable instance occurred on November 18, 2022, when Kelly, alongside five other Democratic lawmakers who are military veterans, released a video urging service members and intelligence community members to disregard unlawful orders, even if issued by superiors or the Trump administration. While the video did not cite specific illegal orders, critics expressed concerns that it could lead to confusion among service members.
Prior to the video release, Kelly articulated similar sentiments on the “Deseret Voices” podcast, emphasizing that military personnel and law enforcement officials must not follow unlawful orders. “Do the job in a respectful way and follow the law,” he stated. “Nobody can tell you to break the law. You can’t be told to violate people’s constitutional rights.”
In response to the video, Trump condemned the lawmakers, labeling them as “traitors” who “should be arrested and put on trial.” He further remarked on social media that “seditious behavior” is “punishable by DEATH!”
Kelly, who retired as a Captain in the U.S. Navy, has held various roles throughout his military career, including that of a Navy pilot, combat veteran, and NASA astronaut. His current situation highlights ongoing tensions between military officials and elected representatives regarding the boundaries of lawful orders and free speech.
