Mark Kelly thought he could take on the Trump Administration and win.
He badly miscalculated.
And Mark Kelly picked one fight with Pete Hegseth he's going to live to regret.
Kelly faces the hammer after seditious video
Secretary of Defense Pete Hegseth dropped the hammer on Arizona Senator Mark Kelly with a formal letter of censure that will sit in his permanent military file for the rest of his life.
The censure is just the opening salvo in what could become Kelly's worst nightmare — a demotion in military rank and a cut to his Navy retirement pay.
Kelly participated in a video with five other Democrat lawmakers last November urging troops to refuse what they called "illegal orders" after Trump deployed National Guard troops to American cities.
Trump called their actions "SEDITIOUS BEHAVIOR, punishable by DEATH!" on Truth Social.
Now Hegseth is making good on that fury.
The Secretary of Defense ordered Secretary of the Navy John Phelan to review Kelly's retirement rank and provide a recommendation within 45 days.
Kelly has 30 days to respond to the censure letter.
But Hegseth can go much harder if Kelly keeps running his mouth.
Kelly's media blitz could backfire spectacularly
Kelly called Hegseth "the most unqualified Secretary of Defense in our country's history."
The Arizona Senator went on Fox News, MSNBC, The Daily Show, and anywhere else that would put a camera in his face to attack Trump and Hegseth.
Hegseth backed away from his initial threat to recall Kelly to active duty for a full court-martial.
The Pentagon chief knows that strategy would backfire spectacularly because military juries aren't stupid — they'd see right through this political prosecution.
But Kelly keeps running his mouth on national television, giving Hegseth new ammunition every single day.
Here's what Kelly doesn't understand about military law.
The UCMJ has a provision — Article 88 — that makes it illegal for officers to trash-talk the President, Vice President, or Secretary of Defense.
And Kelly's still on the hook for it because he cashes those Navy pension checks every month.
Retired officers have been subject to Article 88 since World War II.
The last known prosecution against a retiree happened in 1918 when a retired Army musician criticized President Wilson and was acquitted.
But Kelly doesn't want to be the test case for whether Trump's Pentagon will resurrect that dormant weapon.
Prosecuting a sitting Senator under Article 88 would be unprecedented.
But everything about Trump's second term has been unprecedented.
Kelly called Hegseth "unqualified" on national television and accused Trump of attacking the Constitution.
He's been fundraising off the controversy and treating it like a political opportunity.
That's dangerous when you're technically subject to military justice.
Two RINO Senators — Susan Collins of Maine and Thom Tillis of North Carolina — criticized Hegseth's actions.
Tillis called the censure "ridiculous" and warned it has "a chilling effect on speech."
But GOP pushback won't save Kelly if Hegseth decides to escalate.
The Secretary of Defense warned that "further violations could result in further action."
Kelly seems to think his Senate seat exempts him from the UCMJ.
He's about to find out otherwise.
Hegseth started with the censure as "a necessary process step" toward reducing Kelly's rank and pay.
But if Kelly keeps attacking Trump and Hegseth on cable news, the Pentagon chief has the authority to go much further.
A recall to active duty for court-martial proceedings remains possible.
So does prosecution under Article 88 for contemptuous speech.
Kelly earned his rank through 25 years of service flying combat missions and commanding space shuttle flights.
But he's throwing it away because he can't resist grandstanding against Trump.
The smart move would be to respond through his lawyers and stop giving Hegseth ammunition.
Instead Kelly calls the Secretary of Defense unqualified and treats this like a fundraising opportunity.
That's not someone who takes the threat seriously.
And it's conduct that could push Hegseth to use the full power of military justice against a retired officer who refuses to respect civilian leadership.
Kelly picked this fight thinking Trump and Hegseth would back down.
He was wrong.
Now he's staring down a demotion, a pay cut, and potentially much worse if he doesn't learn to keep his mouth shut.
Sources:
- Michael Katz, "Sen. Kelly Slams Hegseth Over Censure Letter, Vows Fight," Newsmax, January 6, 2026.
- Haley Britzky and Oren Liebermann, "Pentagon seeks to reduce Sen. Mark Kelly's retirement rank over video urging troops to refuse illegal orders," NBC News, January 6, 2026.
- Ursula Perano, "Sen. Mark Kelly fires back after Hegseth threatens his rank and retirement pay," NPR, January 6, 2026.
- Zachary Cohen and Haley Talbot, "Pentagon says it might recall Sen. Mark Kelly to military service for court martial over 'illegal orders' video," CNN, November 25, 2025.
- George W. Croner, "Could Trump Use the UCMJ to Stifle Speech of Military Retirees?," Just Security, November 10, 2025.
