(AP Photo/Alex Brandon)
minister of defense Peter Heggs Announcing unprecedented executive action against senators. Mark Kelly, accused the Arizona Democrat of “sedition” and launched a process that could strip the retired Navy captain of his rank and reduce his military pension.
In a statement released to X on Monday morning, Hegseth said the Department of Defense has initiated retirement classification proceedings against Kelly under 10 U.S.C. Section 1370(f), citing public comments in which senators urged service members to reject unlawful orders.
Hegseth also said he issued a formal letter of reprimand that will be included in Kelly’s permanent military personnel file.
The dispute centers on a broader and increasingly heated debate between the Pentagon and Democratic lawmakers over the legality of recent U.S. military actions and the role of members of Congress in questioning those actions. Kelly and other lawmakers argue that service members must refuse illegal orders, while Hegseth and his allies argue that such information undermines military discipline by casting doubt on the legality of formally authorized actions.
Kelly is a former Navy fighter pilot who retired with the rank of captain and is currently serving his second term in the U.S. Senate.
Hegseth described as “reckless and inflammatory” a video released earlier this year by Kelly and five other members of Congress, accusing the senator of violating good order and military discipline. The video reminds service members of their legal obligation to refuse unlawful orders, a principle in U.S. military law and the law of armed conflict.
The confrontation comes amid growing U.S. scrutiny of the legal basis for military operations in Latin America, including internal government discussions about ousting Venezuela’s president Nicolás Maduro.
This Sunday, Secretary of State Marco Rubio Efforts to establish clear legal authority for such actions have drawn criticism from lawmakers who argue that ambiguous or unsupported justifications increase the risk of issuing or following unlawful orders.
Heggs claimed that as a retired officer on retirement pay, Kelly remained subject to military justice sanctions and charged him with violating Sections 133 and 134 of the Uniform Code of Military Justice, which covers conduct unbecoming of an officer and general misconduct.
This move is highly unusual. While technically retired officers remain subject to the UCMJ’s jurisdiction in limited circumstances, the power is rarely invoked and has not been used to punish post-retirement political speech, especially speech by sitting members of Congress.
Determination of retirement grade is usually limited to misconduct committed by an officer while on active duty.
Hegseth warned that Kelly’s status as a U.S. senator does not absolve him of responsibility and suggested further action could be taken.
Kelly has yet to respond publicly. The announcement is likely to trigger legal challenges and congressional scrutiny, putting the Pentagon at the center of a constitutional dispute over military power, civilian oversight and protected political speech.
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