Hegseth said Kelly knows he is ‘still accountable to military justice’ and the American people expect it
By Bonny Chu , Lorraine Taylor Fox News
Department of War launches probe into Arizona Sen Mark Kelly
Cully Stimson, a former Navy JAG officer, joined ‘America’s Newsroom’ to discuss the Department of War’s investigation into Arizona Sen. Mark Kelly over the ‘illegal orders’ video.
EXCLUSIVE: Secretary of War Pete Hegseth said Sen. Mark Kelly, D-Ariz., will receive a formal censure letter and that he has directed Secretary of the Navy John Phelan to review the retired Navy captain’s retirement rank and pay and provide a recommendation in 45 days, sharply escalating an investigation alleging he made “seditious statements” that undermined military operations.
“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 in a statement to Fox News Digital. “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.”
The review could result in a downgrade of Kelly’s rank at which he officially retired. As a result, his retirement pay, which is tied to rank, may also be reduced.
A censure letter will also be issued outlining the “totality of Captain Kelly’s reckless misconduct,” Hegseth said.
Sen. Mark Kelly, a retired Navy captain, urged troops to refuse “illegal orders” in a viral video. (Eric Lee/Bloomberg via Getty Images)
Such a letter typically calls out figures for wrongdoing and can be used to justify reductions in rank, pay or benefits. It also serves as an official warning that future misconduct could result in harsher consequences.
Secretary of War Pete Hegseth said Mark Kelly has made “seditious” statements, prompting the issue of a censure letter.(Omar Havana/Getty Images)
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“This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file,” Hegseth said.
The department added that Kelly’s status as a sitting U.S. senator “does not exempt him from accountability, and further violations could result in further action.”
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Kelly was notified of the basis for the actions and has 30 days to submit a response, according to Hegseth.
The department added that such actions against Kelly are based on his public statements from June through December 2025, in which he “characterized lawful military operations as illegaland encouraged members of the Armed Forces to refuse lawful orders.”
This comes after a group of Democratic lawmakers with military and intelligence backgrounds – Kelly, Sen. Elissa Slotkin of Michigan, and Reps. Chris Deluzio and Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire, and Jason Crow of Colorado – released a video directed at service members and intelligence officers stating: “Our laws are clear. You can refuse illegal orders.”
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All the lawmakers in the video highlighted their former service in the military and intelligence community.
Members in the video had worked to limit Trump’s ability to deploy National Guard members domestically or launch military action against suspected narco-terrorists without congressional approval. However, none of that context appears in the video, titled “Don’t Give Up the Ship.” Instead, the video framed the appeal as a warning to military members to “stand up for our laws” and “refuse unlawful orders.”
Fox News Digital’s Rachel Wolf and Madison Colombo contributed to this report.
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