Defense Secretary Pete Hegseth suggested he was backing down from his threat to court-martial Mark Kelly, and would instead seek to reduce his retirement pay.
Pete Hegseth Caves On Mark Kelly 'Court Martial'
Credit: Gage Skidmore
January 5, 2026

Defense Secretary Pete Hegseth suggested he was backing down from his threat to court-martial Mark Kelly and would instead seek to reduce his retirement pay.

In a video with other Democratic lawmakers, Kelly said troops had a responsibility not to obey illegal orders. The video came after the Trump administration began striking alleged drug boats off the coast of Venezuela.

Hegseth called the video "seditious" in a statement on Monday.

"Therefore, in response to Senator Mark Kelly's seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret)," the Defense Secretary said. "The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay."

"To ensure this action, the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly's reckless misconduct. This Censure is a necessary process step, and will be placed in Captain Kelly's official and permanent military personnel file," he continued. "Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response. The retirement grade determination process directed by Secretary Hegseth will be completed within forty five days."

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