Defense Secretary Pete Hegseth has moved to punish Sen. Mark Kelly, D-Ariz., for his participation in a video urging members of the military to defy illegal orders.
In a post on a social network Hegseth called the November video “outrageous” and said the Pentagon had taken action to reduce Kelly’s military pension.
“Six weeks ago, Senator Mark Kelly – and five other members of Congress – released a reckless and inflammatory video clearly intended to undermine good order and military discipline,” Hegseth wrote. “As a former Navy captain who still receives a military pension, Captain Kelly knows he is still responsible for military justice. And the War Department — and the American people — expect justice.”
Hegseth also said in the post that he had issued a formal statement of no confidence in Kelly.
“These actions are based on Captain Kelly’s public statements from June to December 2025 in which he characterized lawful military operations as unlawful and advised members of the armed forces to refuse lawful orders. This conduct was outrageous 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.”
Hegseth’s post said Kelly had 30 days to file a response.
Kelly was one of six Democratic members of Congress, each with military or intelligence experience video release reminding members of the military that they are not obligated to follow orders that violate the law.
The 90-second video was posted in November on the social media accounts of Senator Elissa Slotkin of Michigan, a former CIA analyst who served several tours in Iraq. Slotkin was joined in the video by Kelly and Reps. Chrissy Houlahan and Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire and Jason Crow of Colorado.
“Like us, you have all sworn to protect and defend this Constitution. Right now, threats to our Constitution are not just coming from abroad, but right here at home. Our laws are clear. You can refuse illegal orders,” the video reads.
President Donald Trump was quick to condemn the video in posts on his social media site, Truth Social, saying the video was “DESPICABLE BEHAVIOR punishable by DEATH.” Within a week of the video’s release, the Pentagon announced an investigation into Kelly over his involvement in the video.
On Monday, Kelly vowed to fight his punishment.
“If Pete Hegseth, the most unqualified defense secretary in the history of our country, thinks he can intimidate me with censorship or threats of demotion or prosecution, he still doesn’t get it,” he added. Kelly posted to. “I’m going to fight this with everything I’ve got — not for myself, but to send a message that Pete Hegseth and Donald Trump don’t get to decide what the American people in this country can say about their government.”
According to New York TimesKelly and his lawyers noted last month that Hegseth had made similar statements in a 2016 speech at the Liberty Forum in Silicon Valley.
In a video from the event Hegseth, obtained by CNN, says, “I think there have to be consequences for war crimes that are war crimes. If you do something that is completely illegal and reckless, then there is a consequence. That’s why the military has said it will not follow illegal orders from its commander in chief. There is a standard, there is an ethos.”
website He reported to The Hill that a pair of Republican senators criticized Hegseth’s actions against Kelly.
“I don’t think it’s appropriate,” Sen. Susan Collins of Maine said of Hegseth’s attempt to punish Kelly.
Sen. Thom Tillis of North Carolina said that “the video was anger-inducing … but my God, he’s a U.S. senator who works in the political world.
“I think it has a chilling effect on speech, and I have a real problem with that. And I think Hegseth has gone too far.”
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