By Zachary Stieber
War Secretary Pete Hegseth censured Sen. Mark Kelly (D-Ariz.) over his participation in a video directing troops not to follow “illegal orders,” Hegseth said on Jan. 5.
Hegseth said in a Jan. 5 post X that he issued a formal letter of censure for Kelly, a retired Navy captain, for “reckless misconduct.”
In late 2025, Kelly and other Democrats in Congress released a video that encouraged members of the military to disobey “illegal orders.”
“Our laws are clear; you can refuse illegal orders,” Kelly said in the video.
The Pentagon said after the release that Kelly was under investigation and that he could face court-martial.
Hegseth said Monday that the lawmakers “released a reckless and seditious video that was clearly intended to undermine good order and military discipline” and that Kelly, because he is still receiving a military pension, “is still accountable to military justice.”
Hegseth said that Kelly’s statements were seditious and violated the Uniform Code of Military Justice, including an article that prohibits conduct unbecoming of an officer.
President Donald Trump has also criticized the video, saying it was seditious and noting sedition can be punished by death.
Hegseth said that the Department of War had initiated an adjustment to Kelly’s retirement grade, resulting in a reduction of his pension, pending an appeal.
The censure, he said, would ensure the reduction and outlined why Kelly’s actions resulted in punishment.
Kelly had been notified and has 30 days to respond, according to the Pentagon.
A spokesman for Kelly did not immediately respond to a request for comment.
Kelly previously said that he upheld the oath he took to the Constitution for decades, including through deployments. Referring to comments from Hegseth and Trump, he added: “If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won’t work. I’ve given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.”
This is a developing story that will be updated.
