Pete Hegseth said the censure is for ‘reckless misconduct.’
War Secretary Pete Hegseth censured Sen. Mark Kelly (D-Ariz.) over his participation in a video directing troops not to follow “illegal orders,” Hegseth said on Jan. 5.
Hegseth said in a Jan. 5 post X that he issued a formal letter of censure for Kelly, a retired Navy captain, for “reckless misconduct.”
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. As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he…
— Secretary of War Pete Hegseth (@SecWar) January 5, 2026
In late 2025, Kelly and other Democrats in Congress released a video that encouraged members of the military to disobey “illegal orders.”
“Our laws are clear; you can refuse illegal orders,” Kelly said in the video.
The Pentagon said after the release that Kelly was under investigation and that he could face court-martial.
Hegseth said Monday that the lawmakers “released a reckless and seditious video that was clearly intended to undermine good order and military discipline” and that Kelly, because he is still receiving a military pension, “is still accountable to military justice.”
Hegseth said that Kelly’s statements were seditious and violated the Uniform Code of Military Justice, including an article that prohibits conduct unbecoming of an officer.
President Donald Trump has also criticized the video, saying it was seditious and noting sedition can be punished by death.
Hegseth said that the Department of War had initiated an adjustment to Kelly’s retirement grade, resulting in a reduction of his pension, pending an appeal.
The censure, he said, would ensure the reduction and outlined why Kelly’s actions resulted in punishment.
Kelly had been notified and has 30 days to respond, according to the Pentagon.
Kelly told The Epoch Times he would not be intimidated by the censure.
“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,” he said via email.
