Hegseth moves to demote Sen. Kelly over video

Sen. Mark Kelly (D-Ariz.) leaves breifing in the Capitol. — Sen. Mark Kelly (D-Ariz.) leaves briefing in the Capitol

(Image credit: Chip Somodevilla / Getty Images)

What happened

Defense Secretary Pete Hegseth Monday said he had formally censured Sen. Mark Kelly (D-Ariz.), a retired Navy fighter pilot and NASA astronaut, and launched an administrative process to demote him from captain, reducing his military pension.

Hegseth targeted Kelly after he appeared with five other Democratic lawmakers in a video reminding military service members they can “refuse illegal orders.”

Who said what

Hegseth alleged on social media that Kelly had made “seditious statements” and repeatedly “characterized lawful military operations as illegal.” Hegseth’s post “does not cite any examples of Kelly’s alleged violations” other than the video, The Washington Post said, and “legal experts have said there is no law against pointing out what the law says.”

Kelly replied on social media that he wouldn’t be intimidated and “will fight this with everything I’ve got” to “send a message back that Pete Hegseth and Donald Trump don’t get to decide what Americans in this country get to say about their government.” The censure itself is “simply a formal letter with little practical consequence,” The Associated Press said. And while Hegseth’s move is “extraordinary,” Reuters said, it “stops short of the threat” he had previously made to “recall Kelly to active military duty status” and court-martial him.

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What next?

Hegseth said Kelly has 30 days to submit a response to the grade determination review board and the decision on his rank will be made within 45 days. But grade determination “by law” is “based on an officer’s conduct while on active duty,” and Kelly retired in 2011, USA Today said. “This is dead on arrival,” said Gene Fidell, a former Coast Guard lawyer who teaches military law at Yale Law School, to the outlet. “This is ludicrous,” and this Pentagon “is out of control.”

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.