Defense Secretary Pete Hegseth announced Monday that he is issuing a letter of censure to Democratic Sen. Mark Kelly of Arizona over the lawmaker's participation in a video telling troops they have a right to resist unlawful orders. Hegseth said that the censure was "a necessary process step" to proceedings that could result in a demotion from Kelly's retired rank of captain in the US Navy, per the AP. Kelly's office had no immediate comment. The move comes more than a month after Kelly participated in a video with five other Democratic lawmakers in which they told troops they had a right to defy "illegal orders." President Trump accused the lawmakers of sedition "punishable by DEATH" in a social media post days later.
In his post Monday, Hegseth said Kelly's remarks in the video and afterward violated the Uniform Code of Military Justice provisions against conduct unbecoming an officer and violating good order and discipline. Hegseth made clear in previous remarks that Kelly was the only lawmaker of the six facing investigation because he is the only one who formally retired from the military and is still under the Pentagon's jurisdiction. "Captain Kelly's status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action," he said.
The Pentagon announced that it began an investigation of Kelly late in November while citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures. Kelly called the investigation an attempt to silence dissent within the military. "This is just about sending a message to retired service members, active duty service members, government employees—do not speak out against this president or there will be consequences," Kelly said in December. He has previously likened Hegseth to a "12-year-old playing Army."