Defense Secretary Pete Hegseth has launched an unprecedented administrative effort to punish Sen. Mark Kelly (D-Ariz.), seeking to reduce the retired Navy captain’s rank and pension rather than pursuing a court-martial he had earlier suggested. The move follows Kelly’s participation in a November video alongside five other Democratic lawmakers reminding service members of their obligation to refuse illegal orders. Hegseth issued a formal letter of censure on Monday, alleging Kelly’s statements were prejudicial to good order and discipline, and initiated proceedings under 10 U.S. Code § 1370(f), which governs retirement grade reductions. Navy Secretary John Phelan has 45 days to recommend whether Kelly’s rank should be reduced, after which Hegseth will make the final decision.
Military law experts have questioned the legality of the action, noting that the statute is typically applied to active-duty conduct and has rarely, if ever, been used to revisit a retirement finalized years earlier. “The bottom line is, this is not lawful,” said Rachel VanLandingham, a retired Air Force lieutenant colonel and former judge advocate. “It’s just never been done.” Kelly has defended his remarks, which included the statement, “Our laws are clear. You can refuse illegal orders,” and accused Hegseth of attempting to intimidate retired service members. “Pete Hegseth wants to send the message to every single retired service member that if they say something he or Donald Trump doesn’t like, they will come after them the same way,” Kelly said, adding that he would fight the action and consider legal options.