Sen. Mark Kelly, D-Ariz., holds a news conference in the Mansfield Room in the U.S. Capitol on Monday, December 1, 2025.
Bill Clark | Cq-roll Call, Inc. | Getty Images
The Pentagon will cut the military retirement pay of Sen. Mark Kelly for what Defense Secretary Pete Hegseth called the Arizona Democrat’s “seditious” statements on a video with other members of Congress telling service members they have the right to refuse to execute illegal orders.
Hegseth also issued a formal letter of censure against Kelly, which the Defense secretary said details “reckless misconduct” by the retired Navy captain and astronaut.
Hegesth said that the Defense Department has began a proceeding aimed at reducing Kelly’s rank in retirement, which would in turn lead to a decrease in retirement pay.
“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 said in a statement on X.
“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,” Hegseth said.
Kelly has 30 days to file a response to the decision to cut his rank and retirement pay, according to Hegseth’s tweet.
“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action,” Hegseth said.
CNBC has requested comment from Kelly’s office.
Kelly previously scoffed at the Pentagon’s investigation of his involvement with the video.
In an X post in November, Kelly said that the Pentagon’s probe “won’t work” if “this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable.”
In the video, which was posted on X on Nov. 18, Kelly says, “Our laws are clear: you can refuse illegal orders.”
The five other Democratic members of Congress who delivered similar messages on the same video are Michigan Sen. Elissa Slotkin, House Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan, both of Pennsylvania.
Slotkin is a former CIA analyst. Dekluzio and Goodlander are former Navy officers, and Houlahan is a former Air Force officer.
But unlike Kelly, the other three veterans on the video separated from their service branches rather than retiring from them. As a result, they are not subject to the Uniform Code of Military Justice, as Kelly is.
Hegseth, in his statement on Monday, said about the Pentagon’s move to discipline Kelly: “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 said.
Senate Minority Leader Chuck Schumer condemned the Pentagon’s action on Monday.
“Mark Kelly is a hero and a patriot committed to serving the American people,” Schumer, D-N.Y., wrote in a tweet responding to Hegseth.
“Pete Hegseth is a lap dog committed to serving one man – Donald Trump. This is a despicable act of political retribution,” Schumer wrote. “I stand with Sen. Kelly, who will always do the right thing no matter the consequences.”
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