EXCLUSIVE: Secretary of War Pete Hegseth said Sen. Mark Kelly, D-Ariz., will receive a formal letter of censure and has instructed Navy Secretary John Phelan to review the retired Navy captain’s retirement rank and salary and make a recommendation within 45 days. This sharply escalates an investigation alleging he made “inflammatory statements” that undermined military operations.
“Six weeks ago, Senator Mark Kelly – and five other members of Congress – released a reckless and incendiary video clearly intended to undermine good order and military discipline,” Hegseth said in a statement to Fox News Digital. “As a retired Navy captain who continues to receive a military pension, Captain Kelly knows he is still accountable to military justice. And the War Department – and the American people – expect justice.”
The revision of Kelly’s rank could result in a reduction from the rank at which he officially retired. As a result, his pension benefit, which depends on his rank, may also be reduced.
A censure letter detailing Captain Kelly’s “complete reckless misconduct” will also be issued, Hegseth said.
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Such a letter typically includes misconduct figures and can be used to justify reductions in rank, salary or benefits. It also serves as an official warning that future misconduct could lead to more severe consequences.
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Secretary of War Pete Hegseth said Mark Kelly made “inflammatory” statements, prompting the issuance of a letter of censure. (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 liability, and further violations could result in further action.”
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Kelly has been informed of the basis for the actions and has 30 days to respond, 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 “labeled legal military operations as illegal and encouraged members of the armed forces to refuse lawful orders.”
This comes after a group of Democratic lawmakers with military and intelligence backgrounds, including Kelly; Sens. Elissa Slotkin, D-Mich.; Rep. Chris Deluzio, D-Pa.; Rep. Maggie Goodlander, D-N.H.; Rep. Chrissy Houlahan, D-Pa.; and Rep. Jason Crow released a video addressed to military and intelligence officers saying, “Our laws are clear. You can refuse illegal orders.”
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All of the lawmakers in the video highlighted their former service in the military and intelligence community.
Members in the video had sought to limit Trump’s ability to deploy National Guard members domestically or take military action against suspected narco-terrorists without congressional approval. However, none of this context appears in the video, titled “Don’t Give Up the Ship.” Instead, the call in the video was framed 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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