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yesterday

Pentagon Censures Sen. Mark Kelly, Opens Review That Could Reduce His Retired Rank and Pension

The move invokes rarely used retirement‑grade authority over a paid military retiree, testing the military’s jurisdiction over a sitting senator.

Defense Secretary Pete Hegseth, right, is issuing a letter of censure to Democratic Sen. Mark Kelly, left, over the lawmaker’s participation in a video that called on troops to resist unlawful orders. (AP)
Sen. Mark Kelly (D-Ariz.) leaves briefing in the Capitol
U.S. Secretary of War Pete Hegseth speaks during a press conference with U.S. President Donald Trump at Mar-a-Lago club on January 3, 2026, in Palm Beach, Florida.
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Overview

  • Defense Secretary Pete Hegseth issued a formal letter of censure to Sen. Mark Kelly and initiated a retirement‑grade determination under 10 U.S.C. §1370(f).
  • Kelly has 30 days to respond, and the Pentagon set a 45‑day window for a decision, with the Navy to provide a recommendation on his retired grade.
  • Hegseth cites alleged violations of UCMJ Articles 133 and 134 tied to a Nov. 18 video where Kelly and five other lawmakers told troops they can refuse unlawful orders.
  • The Pentagon says Kelly is the only participant subject to review because he is a formally retired officer drawing pay, while President Trump labeled the video “seditious” and “punishable by DEATH.”
  • Kelly vowed to fight the action, legal experts called the case novel with potential Speech or Debate Clause questions, and Republican Sens. Susan Collins and Thom Tillis warned Hegseth against targeting Kelly’s pension.