Hegseth moves to demote Democratic Sen. Kelly over video to U.S. troops

The Department of Defense will seek to demote Sen. Mark Kelly (D-Ariz.), a retired Navy captain, as punishment for reminding troops in a video last year that they are obligated to refuse illegal orders.

Defense Secretary Pete Hegseth announced the demotion in a social media post Monday, accusing Kelly of “seditious statements” and a “pattern of reckless misconduct.” 

The move against Kelly, a twice-elected Arizona senator who served in the U.S. Navy for 25 years before retiring in 2011, represents a major escalation in President Donald Trump’s effort to punish the sitting senator for protected political speech.

In November, Kelly was one of six Democratic lawmakers who recorded a video reminding members of the military and intelligence community that they swore an oath to the Constitution — and that, under U.S. law, they are obligated to refuse unlawful orders.

After the video was published, Trump expressed support for imprisoning and even executing the group of lawmakers for what he termed “seditious behavior” — a concept that does not exist under U.S. law.

In his social media post Monday announcing the demotion proceedings against Kelly, Hegseth echoed Trump’s claims, saying the senator’s conduct was “seditious in nature” and violated the Uniform Code of Military Justice.

“Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response. The retirement grade determination process directed by Secretary Hegseth will be completed within forty five days,” Hegseth wrote.

Kelly, who is also a former astronaut, denounced Hegseth’s post, calling it an “outrageous” attempt to “send the message to every single retired servicemember that if they say something he or Donald Trump doesn’t like, they will come after them the same way.”

“My rank and retirement are things that I earned through my service and sacrifice for this country,” Kelly wrote. “I got shot at. I missed holidays and birthdays. I commanded a space shuttle mission while my wife Gabby recovered from a gunshot wound to the head – all while proudly wearing the American flag on my shoulder.”

“If Pete Hegseth, the most unqualified Secretary of Defense in our country’s history, thinks he can intimidate me with a censure or threats to demote me or prosecute me, he still doesn’t get it,” he added. “I will fight this with everything I’ve got — not for myself, but to send a message back that Pete Hegseth and Donald Trump don’t get to decide what Americans in this country get to say about their government.”

Hegseth’s post does not automatically demote Kelly, as the defense secretary cannot unilaterally strip active or retired service members of their rank. His statement instead initiates a grade determination board review of Kelly’s retired rank.

Members of such boards are typically service members at least one grade senior to the person under review and are supposed to act impartially.

The defense secretary falsely claimed that Kelly “characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders.”

In reality, nowhere in the video did Kelly and the other lawmakers issue orders to service members or encourage them to take certain actions. Kelly, in fact, said that under U.S. law, “you can refuse illegal orders.”

Before he became defense secretary, Hegseth himself repeatedly said soldiers have a duty to refuse unlawful orders. 

Kelly has questioned the legality of the Trump administration’s actions in the Caribbean, specifically its decision to kill survivors of military strikes on alleged drug boats. He has also pushed for Hegseth to testify before Congress on the matter.

The demotion proceedings came after the Pentagon, at Hegseth’s direction, converted its review of Kelly’s comments into an official Command Investigation, a formal military fact-finding process.