OAN Staff Brooke Mallory
12:06 PM – Tuesday, January 6, 2026
Amid a months-long feud between the Pentagon and Capitol Hill Democrats, Secretary of War Pete Hegseth announced on Monday that he has formally censured Arizona Democrat Senator Mark Kelly — initiating administrative proceedings that could strip the retired Navy captain of his rank and a portion of his military pension.
Hegseth has directed Secretary of the Navy John Phelan to conduct a retirement grade determination review, a rare administrative move used to evaluate if an officer served satisfactorily in their highest rank.
Phelan has 45 days to provide a formal recommendation on whether Kelly should be demoted in retirement.
What Does This Mean For Kelly?
A censure is an administrative action, not a criminal one. Unlike a court-martial, which requires a trial and “proof beyond a reasonable doubt,” a censure is issued by a senior official, like Hegseth, based on a lower “preponderance of evidence” standard. The letter is placed in the officer’s Official Military Personnel File (OMPF). For a retired officer, this essentially “stains” their service record and serves as the legal foundation for the next steps of the Retirement Grade Determination (RGD) process. The Retirement Grade Determination (RGD) process is an administrative review used by the military to decide the specific rank, and corresponding pay, at which a service member should be retired. Under 10 U.S.C. § 1370, the legal standard is that an officer must be retired at the highest grade in which they “served satisfactorily.” If there is evidence of misconduct, Hegseth can determine that the officer’s service at their current rank was not “satisfactory” and force them to retire at a lower grade.
The Allegations
The confrontation ultimately stems from a 90-second video released in November 2024 by Kelly and five other Democrat lawmakers, vocal critics of President Donald Trump, who have backgrounds in the military or intelligence community.
In the video, the Democrats tell all U.S. service members to remember their constitutional oath while obliging them to refuse what they described as “unlawful orders.”
However, following the backlash triggered by the video’s release, Senator Elissa Slotkin (D-Mich.) offered a “clarifying” statement that left many Americans questioning the premise of the initial message. While Slotkin — a former CIA officer and the video’s primary organizer — reaffirmed her support for the group’s stance, she admitted in an interview that she was “not aware of things that are illegal” currently being ordered by President Trump. She argued that the video was simply a response to concerns she was allegedly hearing from active-duty troops, rather than a reaction to an existing unlawful command.
Nonetheless, Hegseth has characterized the video as “reckless and seditious,” maintaining that it was clearly intended to undermine good order and military discipline.
“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. 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. Therefore, 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).
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. To ensure this action, 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. 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.
Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action. These actions are based on Captain Kelly’s public statements from June through December 2025 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,” Hegseth posted on X on Monday.
The Department of War argues that Kelly’s conduct violated two specific articles of the Uniform Code of Military Justice (UCMJ):
- Article 133: Conduct unbecoming an officer and a gentleman. The Pentagon argues that by appearing in the November “Seditious Six” video, which seemingly encourages active-duty troops to question and potentially defy the chain of command, Kelly committed an act that is “dishonorable” and “disgraceful” to his status as a Navy Captain. Hegseth is using this article to prove that Kelly’s service as an O-6 was “unsatisfactory,” which is the legal requirement needed to strip his rank and reduce his pension.
- Article 134: The “General Article,” conduct that brings discredit upon the armed forces. A “catch-all” provision covers any conduct that is “to the prejudice of good order and discipline in the armed forces” or “of a nature to bring discredit upon the armed forces.” The Department of War views the video as a “reckless and seditious” provocation intended to sow doubt and insubordination among the troops.
Kelly Says He’ll Fight Back
The Arizona senator later released a defiant statement calling the move “outrageous” and “un-American.”
“Over twenty-five years in the U.S. Navy, thirty-nine combat missions, and four missions to space, I risked my life for this country and to defend our Constitution – including the First Amendment rights of every American to speak out. I never expected that the President of the United States and the Secretary of Defense would attack me for doing exactly that. My rank and retirement are things that I earned through my service and sacrifice for this country. 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.
Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve. Pete Hegseth wants 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. It’s outrageous and it is wrong. There is nothing more un-American than that. 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,” Kelly posted on X on Monday.
Legal experts have noted that Kelly’s status as a retired officer receiving a pension does leave him subject to the UCMJ.
Meanwhile, the move has ignited a firestorm on Capitol Hill. Senate Minority Leader Chuck Schumer (D-N.Y.) defended Kelly as a “patriotic hero” and described the investigation as political retribution. While Democrat lawmakers accuse the administration of taking away the First Amendment rights of retirees, other military experts and Republican officials argue that the oath of office is lifelong and that encouraging troops to question the chain of command constitutes a clear threat to national security.
The outcome of the review is expected by mid-February.
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