Pentagon Moves To Demote Mark Kelly For ‘Seditious’ Video

The Pentagon has initiated proceedings to demote and dock the pay of Sen. Mark Kelly, D-Ariz., a retired Navy captain, after his participation in a “seditious” video telling America’s warfighters “to refuse lawful orders” from the president of the United States. Secretary of War Pete Hegseth announced the proceedings in a social media statement on Monday.

Kelly was joined by five other members of Congress, including four other former members of the military, but Kelly’s official “retired” status renders him subject to the Uniform Code of Military Justice, unlike the others. In November, the Pentagon considered recalling him back into service to potentially face a court-martial for the video.

“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),” Hegseth said. “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.”

Hegseth also referred to Kelly as a “Captain (for now),” noting a Letter of Censure he issued outlining Kelly’s “reckless misconduct,” which will remain in Kelly’s official permanent military file.

“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,” Hegseth added. “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 process allows Kelly one month to respond, and the proceedings will be finalized in 45 days, according to the social media post.

The video in question included statements from Reps. Chris Deluzio, D-Penn. (former Navy), Jason Crow, D-Colo. (former paratrooper and Army Ranger), Maggie Goodlander, D-N.H. (former Navy intelligence), Chrissy Houlahan, D-Penn. (former Air Force) and Sen. Elissa Slotkin, D-Mich. (former CIA officer). The statements did not specify any orders from Trump or military leadership deemed “unlawful,” as the Democrats suggested, but seemed to imply that members of the military could simply ignore any order they personally disagreed with. In his post Hegseth said the video “was clearly intended to undermine good order and military discipline.”

Sidestepping the charge of sedition, Kelly has consistently pumped his military service as an excuse for being allowed to undermine the military.

“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,” Kelly said in a Monday statement. “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.”

While Kelly’s statement portrays the clash as a First Amendment issue centering on his disagreeing with the administration about military policy, the Department of War has indicated that the real reason for his censure and investigation is that he was actively trying to sow discord among the military’s rank-and-file using his affiliation and rank with the Navy to lend the “appearance of authority,” as Hegseth said in November.

But laws against the behavior described by the War Department predate the Trump administration by decades:

Whoever, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States: (1) advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or (2) distributes or attempts to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States — Shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

“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.

Breccan F. Thies is the White House correspondent for The Federalist. He previously covered education and culture issues for the Washington Examiner and Breitbart News. He holds a degree from the University of Virginia and is a 2022 Claremont Institute Publius Fellow. You can follow him on X: @BreccanFThies.