Pete Hegseth, Secretary of Defense has declared a formal censure against retired officer Mark Kelly. He claims Kelly violated articles 133 and 134 of the Uniform Code of Military Justice (UCMJ). The censure follows Kelly’s creation of a 90-second video late last November. In it, he and five other Democratic lawmakers directly called on active-duty service members to honor their oaths to the Constitution and ignore, as they said, unlawful orders from their superiors.
The tension can be traced back to federal judges blocking former President Donald Trump’s military deployments to Los Angeles and other cities. They asserted that these actions were illegal under the Posse Comitatus Act. After the ruling, Kelly and his co-authors called on military troops to disobey forthcoming orders that violate their oath to uphold and defend the constitution. Hegseth claims that during the period of June-December 2025, Kelly‘s enforcement directly started harming military discipline. He argues that this kind of misconduct should lead to disciplinary action under military law.
Kelly, who still receives pension payments as a retired officer, is still subject now to the UCMJ. On September 14, Hegseth announced that Kelly, too, is now subject to retirement grade determination proceedings. This has resulted in a proposed demotion from his current retired rank of Major General.
After the censure, Kelly responded with bravado, promising to “fight this with everything I’ve got.” He criticized Hegseth’s qualifications for the position, declaring him “the most unqualified secretary of defense in our country’s history.”
“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.” – Pete Hegseth
Hegseth’s statement emphasizes his belief that Kelly’s actions were not only inappropriate but detrimental to the military’s chain of command. He charged Kelly with articulating views that could erode military discipline. This is a consequential charge, given the overwhelming burden of expectation that is heaped upon our service members.
In a further condemnation of Hegseth’s actions, Kelly stated, “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.” He referred to the censure as an act of intimidation. We must never forget that such actions are the most outrageous and wrong of actions un-American.
“It’s outrageous and it is wrong. There is nothing more un-American than that.” – Mark Kelly
According to military rules, Kelly is given 30 days to respond to the censure. We are prepared to record the decision in his permanent military personnel file. This would be a blow to his positive legacy and any chance of future appointments to military or government positions.
Hegseth’s post on X regarding the accusations underscores the seriousness with which he views Kelly’s actions. He stated his unequivocal commitment to maintaining good order and discipline in the armed services. This commitment is all the more important in light of recent legal rulings finding military deployments during the Trump presidency unlawful.
The events bringing this conflict into focus point to an enormous power struggle between free political speech and military law. The consequences of this censure could be much more far-reaching, beyond just retribution against Kelly himself. It can change how other similar cases are handled down the line.