Mark Kelly, a U.S. Senator from Arizona and former Navy captain and NASA astronaut, joined five other Democratic lawmakers in a video urging military service members to refuse to follow illegal orders.123 +5 The video, released in late 2025, emphasized that troops have a legal and moral duty to disobey unlawful commands, a principle rooted in U.S. military law.45

This statement drew sharp backlash from the Trump administration, particularly Defense Secretary Pete Hegseth, who labeled the video "seditious" and initiated disciplinary actions against Kelly.472 +2 Despite retiring from the Navy with the rank of Captain, Kelly remains on the retired pay roster, making him subject to certain military regulations.742 +4

In response, the Pentagon launched an investigation and moved to reduce Kelly’s retired rank and cut his military pension under 10 U.S.C. § 1370(f).457 +1 Hegseth also issued a formal Letter of Censure, accusing Kelly of "reckless misconduct." Kelly has 30 days to respond to the proceedings.472 +1

Kelly has strongly defended his actions, calling the punishment an attack on free speech and legislative oversight.457 +2 He argues that reminding service members of their legal rights is both protected under the First Amendment and part of his duty as a senator.5 On January 12, 2026, he filed a federal lawsuit against Hegseth and the Pentagon, alleging retaliation and a violation of constitutional rights.51

Legal experts, including former military lawyers, have noted that such post-retirement disciplinary actions are unprecedented and legally questionable, especially for speech made years after active service.54 The case has sparked debate over free speech, separation of powers, and accountability in the U.S. military and government.