In November, six Democratic lawmakers participated in a viral video urging military members to refuse what they called "illegal orders." Sens. Elissa Slotkin and Mark Kelly and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan did not mention Donald Trump specifically. Still, it was obvious they were clearly accusing Trump of issuing illegal orders and telling our troops to disobey them.
At issue, of course, was Trump’s use of the National Guard to enforce immigration law, despite a long history of presidents federalizing the guard to enforce federal law. President Dwight Eisenhower federalized the Arkansas National Guard in 1957 to enforce school desegregation at Little Rock Central High School. President John F. Kennedy did the same in 1962, activating the Mississippi National Guard to stop the chaos surrounding the enrollment of James Meredith, the first black student admitted to the University of Mississippi. In 1963, he ordered the Alabama National Guard to enforce desegregation.
The dispute over Trump’s use of the National Guard was over policy, not legality.
On Monday, Secretary of War Pete Hegseth announced that the Department of War has initiated formal disciplinary action against Sen. Mark Kelly (D-Ariz.). Hegseth cited the video, which he characterized as seditious conduct that undermined military discipline and encouraged service members to disobey lawful orders.
“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. “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 confirmed that the department has initiated retirement-grade determination proceedings against Kelly. If the determination goes against him, Kelly could see a reduction in his retired rank, along with a corresponding cut in retired pay.
“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),” 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.”
The process also includes a formal Letter of Censure, which the department said has already been issued. Hegseth described the Letter of Censure as a required procedural step that lays out the full scope of 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.”
Kelly has received formal notice and has thirty days to respond. Hegseth directed that the retirement grade determination be completed within 45 days.
If Kelly thinks that being a senator can save him, it won’t.
“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.
“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 explained. “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.”
Happy New Year, Sen. Kelly.
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