The Department of War (DOW) initiated disciplinary proceedings against Senator Mark Kelly for making seditious statements.
Back in November, Kelly and the “Seditious Six” ordered military members to defy orders from President Donald Trump. Their video characterized Trump as a threat to the rule of law and Constitution, as well as a figure crippling public trust in the military.
“Right now, the threats to our Constitution aren’t just coming from abroad but from right here at home. Our laws are clear: you can refuse illegal orders. You must refuse illegal orders,” stated Kelly in the Seditious Six video.
Although Kelly told military members that they “must” refuse illegal orders — which he claimed were being made under this administration — he didn’t enumerate which orders he considered illegal.
Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline. As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he…
— Secretary of War Pete Hegseth (@SecWar) January 5, 2026
In response to the DOW proceedings against him, Kelly claimed Trump’s persecution of him was invalid because Trump and his family lacked a military pedigree. Kelly classified himself as having a privileged status capable of better understanding of military law and appropriate conduct because of his family’s military heritage.
“For me and my family, service to our country is in my blood,” said Kelly. “But when you’re gonna question my patriotism and lecture me about duty to this country and threaten me with a court marshal? Four generations of service to this country earns me the right to speak.”
Four generations of my family have served our country. Service is in my blood. The President wouldn’t know anything about that. pic.twitter.com/a4OBrYKsUe
— Captain Mark Kelly (@CaptMarkKelly) January 5, 2026
Should the DOW succeed in its prosecution of Kelly, the senator would take a hit to his military pension. A ruling against Kelly would result in a downgrade of his military retirement rank and pay.
DOW is seeking its proceedings according to federal code governing regular commissioned officers, 10 U.S.C. § 1370(f).
In another response, Kelly said he would resist DOW punishment. The senator also attempted to frame the disciplinary proceedings against him as a freedom of speech issue.
“Pete Hegseth wants to send the message to every single retired servicemember that if they say something he or Donald Trump doesn’t like, they will come after them the same way. It’s outrageous and it is wrong. There is nothing more un-American than that,” posted Kelly on X. “Pete Hegseth and Donald Trump don’t get to decide what Americans in this country get to say about their government.”
Over twenty-five years in the U.S. Navy, thirty-nine combat missions, and four missions to space, I risked my life for this country and to defend our Constitution – including the First Amendment rights of every American to speak out. I never expected that the President of the…
— Senator Mark Kelly (@SenMarkKelly) January 5, 2026
Secretary of War Pete Hegseth also issued a letter of censure against Kelly. In that letter, Hegseth accused Kelly of counseling active duty military members to defy their Commander in Chief.
“This pattern demonstrates that you were not providing abstract legal education about the duty to refuse patently illegal orders,” said Hegseth. “You were specifically counseling service members to refuse particular operations that you have characterized as illegal.”
Hegseth stated publicly that Kelly was not above the law.
“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action,” said Hegseth.
Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline. As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he…
— Secretary of War Pete Hegseth (@SecWar) January 5, 2026
In the initial fallout over his Seditious Six remarks, Kelly accused Trump of political violence. Kelly compared Trump’s rhetoric to the assassination attempt on his wife, former congresswoman Gabby Giffords.
My wife @GabbyGiffords nearly lost her life in an act of political violence. Words have consequences, especially when they come from the President of the United States.
What Trump said this morning — that my colleagues and I should be put to death — is dangerous. We can…
— Senator Mark Kelly (@SenMarkKelly) November 20, 2025