President Donald Trump and Defense Secretary Pete Hegseth attend a news conference following U.S. military action in Venezuela at Trump's Mar-a-Lago residence on January 3, 2026.
(Jim Watson/AFP via Getty Images)
Defense Secretary Pete Hegseth has vowed to investigate and perhaps even court-martial Arizona Sen. Mark Kelly, a retired Navy captain, after he joined five other Democrats in video explaining to military personnel that they have the right to refuse illegal orders from their commanders last November.
On Monday Hegseth formally “condemned” Kelly and announced that his military pension would be reduced. “[Kelly] published a reckless and inflammatory video that was clearly intended to undermine order and military discipline.” Hegseth said this in a statement.. Kelly could also face a demotion from the rank of captain, he added. But so far Hegseth has not taken any steps to initiate a case in a military tribunal.
The preening former Fox News host had just stood next to President Trump as he announced the illegal detention of Venezuelan President Nicolas Maduro and his wife Cilia Flores on drug trafficking charges (and the obvious implication of mishandling the country's oil resources). Months of large-scale military and intelligence operations in Venezuela have proven that few U.S. security officials still listen to Kelly and his fellow veterans about the need to refuse illegal orders. There may well be more possibilities, as Trump says he could follow up the actions in Venezuela with similar measures against Cuba, Colombia, Greenland and even Mexico.
Kelly quickly fired back at Hegseth on Monday morning's X program, citing his 25 years in the Navy, 39 combat missions and four flights in space “to defend the Constitution, including every American's First Amendment right to speak. I never expected the President of the United States and the Secretary of Defense to attack me for doing just that.”
He continued:
Current number
If Pete Hegseth, the most unqualified Secretary of Defense in our nation's history, thinks he can intimidate me with censure or threats to demote or prosecute me, he still doesn't get it. I will fight this as hard as I can, not for myself, but to make it clear that Pete Hegseth and Donald Trump do not get to decide what Americans in this country can say about their government.
The five other Democratic members of Congress with military and security experience who joined Kelly in the video are Michigan Sen. Elissa Slotkin, Reps. Jason Crow of Colorado, Maggie Goodlander of New Hampshire, and Chris Deluzio and Chrissy Houlahan of Pennsylvania. After the video was released, Trump said on Truth Social that the actions of security veterans could be “punishable by DEATH.”
Because the other five abandoned military careers rather than resign with rank and pension, they are not subject to the same military discipline as Kelly.
US Major General Paul Eaton repeatedly warned against Hegseth's politicization of the military, pointing to his decisions to replace the head of the Joint Chiefs of Staff and senior Army and Navy leaders as “reminiscent of Stalin,” the Soviet leader who purged countless military officials and replaced them with men whose highest loyalty was to him.
Trump has, of course, tried to retaliate against other political opponents, including former FBI Director James Comey, New York Attorney General Letitia James and California Senator Adam Schiff, but so far judges and grand juries have resisted his maneuvers (which hasn't stopped Trump from trying to go after them again).
For now some news accounts It has been suggested that Hegseth has dropped his threat of a court martial against Kelly, but the minister insists he continues to consider his options, especially if Kelly continues to encourage the military to defy illegal orders. Kelly's statement Monday gave no indication that he plans to stop criticizing Trump and Hegseth and their unlawful orders to the military any time soon.
More from Nation
The Venezuelan coup opens the gates to a new era of imperial plunder.
UAW Region 9A's support of Lander over one of the wealthiest members of Congress signals that pro-Labor voting records alone no longer guarantee Labor support.
Mayor Zohran Mamdani is defying the cold and calls to move downtown, promising a New York that belongs to the people who live in it.
