In a dramatic escalation of a political clash, US Defence Secretary Pete Hegseth has taken formal action against a sitting senator, threatening his military status and retirement benefits.
A Formal Censure and Threat to Rank
On Monday, Defence Secretary Pete Hegseth announced he had issued a formal censure to Democratic Senator Mark Kelly of Arizona. More significantly, Hegseth initiated retirement grade determination proceedings, a rare administrative move that could see the former astronaut and Navy captain demoted in his retired rank and have his pension cut.
Hegseth, in a statement posted on social media platform X, accused Kelly and five other members of Congress of releasing a "reckless and seditious video" intended to undermine military discipline. He asserted that Kelly, as a retired officer still receiving military pay, "is still accountable to military justice." The Pentagon declined to comment further.
The Disputed Video and Legal Context
The controversy stems from a 90-second video released in November 2025. In it, Senator Kelly—alongside fellow Democratic lawmakers and veterans Senator Elissa Slotkin and Representatives Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan—spoke directly to service members. They addressed concerns about the potential deployment of the National Guard across the country.
The lawmakers called on troops to uphold the constitution and defy commands they characterised as illegal. Slotkin noted in the video that military personnel were "under enormous stress and pressure right now" under the Trump administration's policies.
Hegseth's statement claims Kelly's conduct between June and December 2025 violated military justice codes by "characteris[ing] lawful military operations as illegal and counsel[ing] members of the Armed Forces to refuse lawful orders."
However, this accusation is fiercely contested. Military law already obligates service members to refuse unlawful orders, a principle Kelly's group was reiterating. Furthermore, federal judges have previously ruled that certain military deployments under Donald Trump violated the Posse Comitatus Act, suggesting the orders Kelly warned against could indeed have been illegal. Days after the video's release, Trump himself accused the lawmakers of sedition "punishable by DEATH" in a social media post.
Unprecedented Action and Next Steps
This move by the Defence Department against a sitting US senator is extraordinary. Senator Kelly now has 30 days to respond to the censure, which will be placed in his permanent military personnel file. The Pentagon chief has directed the Navy Secretary to complete the rank review within 45 days.
Hegseth's statement made clear this may not be the end of the matter, warning that "further violations could result in further action." The proceedings were announced just days after a reported covert mission targeting Venezuelan leader Nicolás Maduro, though the direct connection to Kelly's case was not explicitly stated by officials.
The situation highlights the intense politicisation of the US military and sets a stark precedent for the treatment of retired service members who serve in Congress.
