Pete Hegseth Strips Sen. Mark Kelly of Military Rank Over ‘Illegal Orders’ Video
(AP Photo/Alex Brandon)
Secretary of Defence Pete Hegseth announced Unprecedented administrative action against Sen. Mark Kelly, It accuses the Arizona Democrat of “provocative” behavior and begins a process that could strip the retired Navy captain of his rank and reduce his military pension.
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Hegseth also said he issued a formal Letter of Reprimand that will be placed in Kelly’s permanent military personnel file.
The dispute centers on a broader, increasingly heated debate between the Pentagon and Democratic lawmakers over the legality of recent U.S. military operations and the role of members of Congress in questioning them. While Kelly and other lawmakers argue that soldiers should reject illegal orders, Hegseth and his allies argue that such messages undermine military discipline by casting doubt on the legality of duly authorized operations.
Kelly, a former Navy fighter pilot who retired at the rank of captain, is currently serving his second term in the U.S. Senate.
Hegseth called a video released by Kelly and five other members of Congress earlier this year accusing the senator of undermining good order and military discipline “reckless and inflammatory.” The video reminded soldiers that they have a legal obligation to refuse illegal orders, a principle enshrined in U.S. military law and the laws of armed conflict.
The conflict comes in the wake of increased scrutiny over the legal justifications for U.S. military actions in Latin America, including debate within the administration over the impeachment of the Venezuelan President. Nicolas Maduro.
On Sunday this week, the Minister of Foreign Affairs Marco Rubio It has struggled to establish clear legal authority for such action and has faced criticism from lawmakers who argue that vague or unsupported justifications increase the risk of issuing or complying with illegal orders.
Hegseth argued that Kelly remained subject to military justice as a retired officer receiving a pension and charged him with violating Articles 133 and 134 of the Uniform Code of Military Justice, which cover conduct unbecoming an officer and general misconduct.
This move is quite unusual. Although retired civil servants technically remain subject to the UCMJ in limited circumstances, this authority is rarely invoked and has not been specifically used to punish post-retirement political speech by a serving member of Congress.
Retirement grade determinations are generally limited to misconduct committed while an officer was on active duty.
Hegseth warned that Kelly’s status as a U.S. senator did not exempt him from liability and suggested further action could be taken.
Kelly has yet to publicly respond. The announcement will likely spark legal challenges and congressional scrutiny and place the Pentagon at the center of a constitutional dispute over military authority, civilian oversight and protected political expression.
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