Sen. Mark Kelly (D-Ariz.) holds a press conference on Monday, Dec. 1, 2025, in the Mansfield Room of the U.S. Capitol.
Bill Clark | Cq-roll Call Inc. | Getty Images
The Pentagon plans to cut Sen. Mark Kelly’s military retirement benefits after Secretary of Defense Pete Hegseth criticized the Arizona Democrat’s “inflammatory” comments in a video in which he told other members of Congress and service members that they had the right to refuse to carry out illegal orders.
Mr. Hegseth also issued a formal letter of censure against Mr. Kelly, which the defense secretary said detailed the senator’s “reckless misconduct.”
“Six weeks ago, Sen. Mark Kelly and five other members of Congress released a reckless and inflammatory video clearly intended to undermine good order and military discipline,” Hegseth said in a statement on X.
“As a retired Navy colonel still receiving military benefits, Captain Kelly knows he remains responsible for military justice, and the Department of the Army and the American people expect justice,” Hegseth said.
According to Hegseth’s tweet, Kelly has 30 days to respond to the decision to reduce his severance pay.
“Captain Kelly’s status as a sitting senator does not exempt him from liability, and further violations may result in further action,” Hegseth said.
In a video posted to X on November 18, Kelly said: “Our laws are clear. We can refuse illegal orders.”
Five other Democrats who delivered similar messages in the same video are Sen. Elissa Slotkin of Michigan, Rep. Jason Crow of Colorado, Rep. Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Hoolahan of Pennsylvania.
Mr. Slotkin is a former CIA analyst. DeCluzio and Goodlander are former Navy officers, and Houlahan is a former Air Force officer.
However, unlike Kelly, the other three veterans featured in the video left their service departments rather than retiring. As a result, they are not subject to the Uniform Code of Military Justice like Kelly.
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