Secretary of War Pete Hegseth has announced administrative action against retired Navy Captain Mark Kelly, citing public statements from the second half of 2025 that the Department of War says were “seditious” and encouraged service members to disobey lawful orders.
“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,” Hegseth wrote. “As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. And the Department of War — and the American people — expect justice.”
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Kelly, as a retired officer drawing military pay, remains subject to the Uniform Code of Military Justice (UCMJ), including Articles 133 and 134. The Department of War has now initiated what it described as “retirement grade determination proceedings under 10 U.S.C. § 1370(f)” in response to what Secretary Hegseth called Kelly’s “seditious statements” and a “pattern of reckless misconduct.” If approved, the process could lead to a reduction in Kelly’s retired grade “resulting in a corresponding reduction in retired pay.”
“To ensure this action,” Hegseth continued, “the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file.”
According to the Secretary’s statement, Kelly has been given 30 days to respond, and the retirement grade determination process is expected to conclude within 45 days. Hegseth emphasized that Kelly’s current role as a U.S. senator “does not exempt him from accountability.”
“These actions are based on Captain Kelly’s public statements from June through December 2025,” Hegseth wrote, “in which he characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders. This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay.”
The move follows an official Command Investigation into a video featuring Kelly, Sen. Elissa Slotkin (D-MI), and four other Democrat lawmakers. In the video, they invoked military law while urging service members to resist “illegal orders,” though they did not cite any specific examples. Slotkin later acknowledged she was “not aware” of any illegal directives issued by President Trump or his administration.
President Trump called the lawmakers “TRAITORS” on Truth Social and suggested their behavior amounted to “sedition at the highest level.” He later stated he was not advocating for their execution, after earlier comments referencing punishments “in the old days.”
CIA officer Bryan Dean Wright asserted Slotkin “knew exactly what she was doing,” having served as a CIA analyst trained in influence operations. Rep. Brian Mast (R-FL), chair of the House Foreign Affairs Committee, contended the group was trying to “create a revolt” in the military.
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Kelly is the only member of the “Seditious Six” who remains under UCMJ jurisdiction due to his retired military status. The Department of War’s internal review began in November and was escalated in December to a formal Command Investigation. Officials said possible outcomes included court-martial or administrative penalties.
Kelly has also rebuked the investigation’s premise. “It should send a shiver down the spine of every patriotic American that the president and secretary of defense would abuse their power to come after me or anyone this way,” he remarked.
Kelly’s attorney, Paul J. Fishman, publicly shared a letter he sent last month to Navy Secretary John Phelan, stating there is “no legitimate basis for any type of proceeding against Senator Kelly,” calling it “unconstitutional” and “an extraordinary abuse of power.” He added that if the Executive Branch proceeds in “any forum — criminal, disciplinary, or administrative,” they will take all appropriate legal action to stop what he called the administration’s “unprecedented and dangerous overreach.”
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