Pentagon moves to cut Sen. Mark Kelly’s military retirement pay as punishment over ‘illegal orders’ video

By Zachary Cohen, CNN

(CNN) — Secretary of Defense Pete Hegseth announced Monday that the Pentagon is taking administrative action to punish Sen. Mark Kelly, a retired Navy captain, by moving to cut his retirement pay for participating in a video where he and other Democratic lawmakers reminded US service members of their duty to refuse illegal orders.

Hegseth said in a post on X that the US military has initiated proceedings to reduce the amount of retirement pay Kelly receives and has issued a secretarial letter of censure, which would stand as a written reprimand but have no practical consequences for the Arizona Democrat.

“In response to Senator Mark Kelly’s seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret),” Hegseth posted on X. “The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay.”

Kelly responded later Monday morning, saying he wouldn’t be intimidated and intended to fight the action.

“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. 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,” he said in a post on X.

Hegseth’s letter of censure for Kelly, a copy of which was obtained by CNN, includes an apparent threat of criminal prosecution if he engages in similar conduct going forward.

“If you continue to engage in conduct prejudicial to good order and discipline, you may subject yourself to criminal prosecution or further administrative action,” the letter from Hegseth says.

It also describes Kelly’s “pattern” of alleged misconduct that represents a serious “breach” of standards for a retired military officer.

“When viewed in totality, your pattern of conduct demonstrates specific intent to counsel servicemembers to refuse lawful orders. This pattern demonstrates that you were not providing abstract legal education about the duty to refuse patently illegal orders. You were specifically counseling servicemembers to refuse particular operations that you have characterized as illegal,” Hegseth wrote.

“Your conduct has had, and continues to have, a detrimental impact on military discipline and good order,” Hegseth added. “For the reasons stated above, I hereby formally CENSURE you for conduct prejudicial to good order and discipline in the armed forces and conduct unbecoming an officer.”

Behind closed doors, Hegseth has been weighing his options to punish Kelly for participating in the video, ranging from reducing the retired US Navy captain’s rank and pension to prosecuting him under military law, CNN has reported.

In the video that triggered the Trump administration’s calls for consequences, six Democratic lawmakers said that “threats to our Constitution” are coming “from right here at home,” and repeatedly urged the military and intelligence community to “refuse illegal orders.”

Although the video didn’t reference what orders service members might be receiving that would potentially be illegal, lawmakers on both sides of the aisle have raised concerns repeatedly about the legality of US military strikes against suspected drug boats in the Caribbean and the US military’s deployment to cities over the protest of governors.

Mississippi Sen. Roger Wicker, a Republican who chairs the Senate Armed Services Committee, said last month it’s not appropriate for the military to try to punish Kelly.

Asked by CNN if it’s appropriate to do so, Wicker shook his head. And after a follow up question, he replied, “You asked me that question, and my answer is no.”

In November, Hegseth requested advice from the Navy secretary, who oversees the military branch Kelly served in for more than two decades, on how to proceed to potentially punish him for participating in the video, which Hegseth has claimed amounted to serious violations of the military’s code of justice.

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