Hegseth Targets Mark Kelly's Military Pension

Defense Secretary Pete Hegseth has moved to reduce the military pension of Senator Mark Kelly, citing seditious conduct. The decision stems from a video where Kelly advised troops on their right to disobey illegal orders.

Legal experts argue the move lacks legal merit and suggests a predetermined outcome. The case highlights growing tensions regarding free speech for military personnel and veterans.

The Defense Department is investigating Senator Mark Kelly for a video he made with fellow Democratic lawmakers. Defense Secretary Pete Hegseth has censured the Senator and moved to reduce his military pension.

Hegseth announced the decision to review Kelly for a reduction in his retired grade and pay on Monday. The Secretary stated that the Senator's public statements, including a video telling US troops not to follow illegal orders, amount to sedition.

Hegseth stated the process would be completed within 45 days. He issued a formal censure letter outlining what he called the totality of Captain Kelly's reckless misconduct.

In a statement, Hegseth said: "This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay."

Experts on military law have criticized the Defense Secretary's actions. Don C. King, a retired Navy judge advocate general, noted that Hegseth's public announcement on X is "very unusual." King stated, "I've never seen that happen before."

Daniel Maurer, a law professor and retired Army judge advocate general, said Hegseth's statement "strongly suggests a predetermined outcome." He described it as the opposite of a measured, unbiased announcement that protects the integrity of the process.

Maurer argued that Kelly's actions do not meet the definition of sedition under federal law. He noted that Kelly's statement was a restatement of the law, citing the official manual for courts-martial which allows service members to disobey a "patently illegal order."

Regarding the legal basis, experts noted that officer grade determination is based on conduct while on active duty, not post-retirement. While Hegseth cited 10 U.S.C. § 1370(f), which allows the defense secretary to reopen a determination if "good cause exists," King stated, "I don't see a strong legal case for what Secretary Hegseth is purporting to do."

The high-profile case has implications for troops and retired military veterans. Two former military lawyers said the decision is likely to make military retirees think twice before publicly criticizing the Trump administration.

Approximately 2 million people receive military retirement benefits in the US. Some retired military leaders have been strident critics of President Donald Trump.

Maurer called the situation "a chilling effect on retired officers, especially senior-ranking" ones. The move follows weeks of threats for more severe punishment.

Kelly, a member of the Senate Armed Services Committee, responded publicly: "Pete Hegseth wants to send the message to every single retired service member that if they say something he or Donald Trump doesn't like, they will come after them the same way."

Legal analysts believe Kelly has strong grounds to challenge the decision through Defense Department processes or federal court. The review involves a grade determination board made up of military officers.

However, Hegseth's public comments could provide Kelly grounds to argue that the board is predisposed to punish him. Experts suggest that following the review, it is likely Hegseth's decision could be overturned in court.

Kelly may also have additional protections as an elected federal lawmaker under the Constitution's speech and debate clause. He has 30 days to submit a response to the proceedings.