Overview
- Defense Secretary Pete Hegseth issued a formal letter of censure to Kelly and initiated retirement grade determination proceedings under 10 U.S.C. §1370(f).
- Kelly has 30 days to respond, and Hegseth directed the Navy to provide a recommendation within 45 days that could reduce Kelly’s retired rank and pension.
- The move follows a November video in which Kelly and five other lawmakers told service members they can refuse illegal orders; Hegseth called the remarks seditious and cited UCMJ Articles 133 and 134.
- Kelly called the action outrageous and un-American and vowed to fight it, while Senate Democratic leader Chuck Schumer condemned it as political retribution.
- Hegseth has said Kelly is the only participant facing proceedings because he is formally retired and subject to Pentagon jurisdiction, a highly unusual step that legal experts say poses constitutional and procedural challenges.