Hegseth recantes, Sen. Mark Kelly receives censure from Pentagon

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Pentagon Secretary Pete Hegseth is backing away from an earlier threat against Sen. Mark Kelly (D-Ariz.), a retired Navy colonel who was court-martialed, for appearing in a video telling military personnel that they “can refuse illegal orders.”

Mr. Hegseth instead formally reprimanded Mr. Kelly, which the Secretary of Defense announced in X, and began the process of seeking Mr. Kelly’s resignation. If demoted, the Arizona senator’s military pension would be reduced.

But Mr. Kelly’s demotion requires an administrative process known as police grading, which by law is determined based on the conduct of active-duty officers. It’s unclear how the Navy could legally consider Kelly’s post-retirement actions when making decisions.

In accordance with federal law and naval regulations, Secretary of the Navy John Phelan determines the retirement rank below vice admiral. In most cases, the Trustees will review an officer’s actions before making a recommendation to Mr. Phelan.

But Hegseth appeared to suggest the outcome of the process was predetermined, calling the senator “Captain Kelly (for now)” in a post announcing the administration’s move.

Kelly slammed Hegseth in a statement posted to X.

“If Pete Hegseth, the most unqualified secretary of defense in our nation’s history, thinks he can censure me and threaten me with demotion and prosecution, he still doesn’t understand,” Kelly said. “I’m going to fight this issue with everything I have, not for myself, but to send the message back that Pete Hegseth and Donald Trump don’t have the power to decide what Americans in this country say about their government.”

“This is dead on arrival. This is ridiculous,” said Gene Fidell, a former Coast Guard lawyer who teaches military law at Yale Law School. “This administration, including the Pentagon, is out of control.”

Senate Minority Leader Chuck Schumer, D-N.Y., called the move a “despicable act of political revenge.”

Larry Sabato, a University of Virginia professor and political analyst, argued that the move could boost Kerry’s political fortunes.

“Thanks to President Trump’s insatiable thirst for retaliation, Mr. Kelly will be able to ride this horse straight to the White House,” Sabato said.

Retroactive reductions for retired officers are rare and usually limited to serious misconduct from their time in uniform. A retired two-star Army general was demoted to second lieutenant in 2021 after a Virginia court found him guilty of raping his daughter as a child.

This story has been updated to add new information.

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