Hegseth says Sen. Mark Kelly will receive administrative punishment for video about lawful orders

January 5, 2026

Senator Mark Kelly, a Democrat from Arizona, arrives for an all-Senate briefing at the US Capitol in Washington, DC, US, on Tuesday, Dec. 16, 2025. Graeme Sloan/Bloomberg via Getty Images

(WASHINGTON) -- Defense Secretary Pete Hegseth on Monday censured Democratic Sen. Mark Kelly for "conduct [that] was seditious in nature," referring to a video Kelly participated in in November that told United States service members they have a right to refuse unlawful orders.

Hegseth wrote that Kelly, who retired as a Navy captain and receives retirement benefits for his more than 20 years of service, "counseled members of the Armed Forces to refuse lawful orders" in the video. Kelly and others who participated in the video have disputed that claim.

The administrative action, which is a less serious action than a court-martial, will result in a reduction in rank and Kelly's retirement pay, a process Hegseth says will take 45 days.

A court-martial would have been more complicated and experts say could have raised constitutional issues.

The censure letter says the video released by Kelly and other Democrats, along with statements Kelly made after its release "Undermines the Chain of Command; Creates Confusion About Duty; Brings Discredit Upon the Armed Forces; and Is Conduct Unbecoming an Officer."

"When viewed in totality, your pattern of conduct demonstrates specific intent to counsel servicemembers to refuse lawful orders. This pattern demonstrates that you were not providing abstract legal education about the duty to refuse patently illegal orders. You were specifically counseling servicemembers to refuse particular operations that you have characterized as illegal," the letter states.

"I hereby formally CENSURE you for conduct prejudicial to good order and discipline in the armed forces and conduct unbecoming an officer," the letter reads.

The letter also warns Kelly against engaging in conduct "prejudicial to good order and discipline," warning that the Senator may "subject yourself to criminal prosecution or further administrative action."

"Your status as a sitting United States Senator does not exempt you from accountability for conduct that undermines good order and discipline in our Armed Forces," the letter reads.

Kelly and the other five Democrats involved in the November video directed at military members have defended their message as being in line with the Uniform Code of Military Justice and the Constitution.

The video prompted fierce criticism from President Donald Trump, who called it "seditious behavior" and said the Democrats involved -- who previously served in the military or in the intelligence community -- should be "in jail."

The Pentagon then launched what it called a "thorough review" into Kelly. The Arizona senator said at the time he would not be intimidated by the administration.

Kelly said Monday he will fight punishment from Hegseth.

"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," Kelly said in a lengthy statement.

"It’s outrageous and it is wrong. There is nothing more un-American than that. 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," Kelly added.

ABC News' Allison Pecorin contributed to this report.