WASHINGTON — Democratic Sen. Mark Kelly of Arizona accused the Trump administration on Tuesday of attempting to silence dissent by initiating a process to demote him and slash his military retirement pay, a move tied to a video he released last fall urging service members to resist unlawful orders.
Kelly, a retired Navy captain and decorated combat veteran, spoke out during an appearance on CBS Mornings, framing the Pentagon's actions as retaliation for his criticism of President Donald Trump. "This administration doesn't like what I say. Now they're talking about demoting me," Kelly said. The senator, who served 25 years in the Navy and flew 39 combat missions, emphasized his long record of service, including four space shuttle missions as an astronaut.
The controversy stems from a November video produced by Kelly and five other Democratic lawmakers, including Sens. Tammy Duckworth of Illinois and Chris Murphy of Connecticut, as well as Reps. Ruben Gallego of Arizona, Mikie Sherrill of New Jersey, and Elissa Slotkin of Michigan. In the roughly two-minute clip, the group called on active-duty military personnel and intelligence community members to "refuse illegal orders" amid concerns over potential threats to the U.S. Constitution following Trump's reelection. The video, which garnered widespread attention on social media, warned of possible abuses of power and echoed historical oaths to defend the Constitution against all enemies, foreign and domestic.
President Trump responded swiftly and harshly to the video, labeling the lawmakers' actions as "seditious behavior" in a series of posts on his Truth Social platform. "SEDITIOUS BEHAVIOR, punishable by DEATH!" Trump wrote on November 15, 2024, shortly after the video's release. He also reposted messages from supporters, including one stating, "HANG THEM, GEORGE WASHINGTON WOULD!" The president's rhetoric drew immediate condemnation from civil liberties groups and some Republican lawmakers, who argued it inflamed tensions and undermined democratic norms.
Defense Secretary Pete Hegseth, a Fox News veteran and Trump appointee confirmed by the Senate in January 2025, escalated the matter on Monday by announcing that the Pentagon had launched a formal review of Kelly's conduct. In a letter of censure addressed to the senator and posted on X (formerly Twitter), Hegseth accused Kelly of undermining military discipline. The process, Hegseth said, could result in Kelly's demotion from his rank of captain and a reduction in his retirement benefits, which are calculated based on years of service and final rank.
Hegseth's statement referenced the Uniform Code of Military Justice (UCMJ), suggesting that Kelly's video might constitute a violation by encouraging insubordination. "As a retired officer, Senator Kelly remains subject to the UCMJ," a Pentagon spokesperson told reporters on Monday, declining to elaborate on the specifics of the investigation. The review, initiated in late November 2024, initially focused on whether Kelly should be recalled to active duty to face potential court-martial proceedings.
Kelly, who retired from the Navy in 2011 after a distinguished career that included piloting combat missions in the Gulf War and commanding space shuttle missions for NASA, dismissed the allegations as politically motivated. "I spent 25 years in the United States Navy, I flew 39 combat missions, I flew into space four times, all in service of this country," he told CBS on Tuesday. He further noted that Trump's personal attacks had included calls for his execution, linking the president's social media posts directly to the Pentagon's actions.
"The president didn't like what I said in the video and he said because of that I should be hanged, executed, prosecuted," Kelly continued. The senator has pledged to vigorously contest the demotion process, potentially through legal channels or congressional oversight. His office released a statement late Tuesday affirming that the video's message aligned with core military principles, including the duty to disobey unlawful commands as outlined in the UCMJ itself.
"Pete Hegseth is going to prosecute me under the Uniform Code of Military Justice for saying something that is in the Uniform Code of Military Justice," Kelly said, calling the move "nonsense." Legal experts contacted by The Appleton Times noted that while retired officers can face UCMJ charges for certain offenses, such cases are rare and often require recall to active duty. A spokesperson for the American Civil Liberties Union (ACLU) described the situation as "a dangerous precedent for punishing political speech," though they stopped short of filing a formal complaint.
The broader context involves heightened partisan tensions over military loyalty following Trump's return to the White House. During his first term, Trump frequently clashed with military leaders, including former Defense Secretary James Mattis, whom he accused of disloyalty. Hegseth, a vocal Trump supporter and author of books criticizing "woke" elements in the military, has prioritized rooting out perceived internal dissent since taking office. In February 2025, he issued directives to review diversity training programs and reinstate troops discharged under Biden-era policies.
Supporters of the administration's actions argue that the video crossed a line by potentially sowing division within the ranks. A senior Republican aide, speaking on condition of anonymity, told The Appleton Times that Kelly's message could be interpreted as a direct challenge to the chain of command. "Encouraging refusal of orders, even hypothetical ones, erodes trust in leadership," the aide said. Hegseth echoed this in his X post, stating that "no one is above the law, not even senators."
Critics, including Democratic leaders, have rallied around Kelly. Senate Minority Leader Chuck Schumer of New York called the demotion effort "an outrageous abuse of power" during a floor speech on Tuesday afternoon. "This is what happens when loyalty to one man trumps loyalty to the Constitution," Schumer said. Veteran advocacy groups, such as the Veterans of Foreign Wars (VFW), expressed concern over the politicization of military justice, urging an independent review.
Kelly's military background adds weight to his defense. A Tucson native, he joined the Navy in 1985 and rose through the ranks as a naval aviator before transitioning to NASA. His twin brother, Scott Kelly, is also a retired astronaut. Kelly's political career began in 2020 when he won a special election to replace the late Sen. John McCain, later securing a full term in 2022. His wife, former Rep. Gabby Giffords, survived a 2011 assassination attempt, an event that propelled Kelly into public service focused on gun violence prevention and national security.
As the Pentagon's review progresses, questions linger about its timeline and outcome. Under military regulations, demotion for retired personnel requires a board of inquiry, which could take months. Kelly's team has indicated plans to seek intervention from the Senate Armed Services Committee, where he serves as a ranking member. Meanwhile, the incident has sparked debates on Capitol Hill about reforming how retired officers engage in politics, with some proposing limits on public statements by former service members.
The clash highlights deepening divides in Washington over free speech versus national security. While Kelly portrays the actions as an assault on dissent, administration officials maintain they are upholding discipline. As investigations continue, observers watch closely for signs of escalation, particularly with midterm elections looming in 2026. For now, Kelly remains defiant, vowing to continue advocating for constitutional protections regardless of the personal cost.