Secretary of Defense Pete Hegseth has publicly criticized six Democratic lawmakers who released a video urging military service members to disobey illegal orders, calling the lawmakers “Seditious Six” and labeling their message as “despicable.” Hegseth has focused his criticism on Sen. Mark Kelly, the retired Navy captain with the longest tenure in the military, whom he attacked for a picture of him wearing his uniform.
Behind closed doors, Hegseth is considering various options to punish Kelly, including reducing his rank and pension or prosecuting him under the Uniform Code of Military Justice (UCMJ). However, experts say that using the UCMJ to prosecute a retired senator who participated in a video criticizing unlawful orders would be unprecedented and raise significant separation-of-powers issues.
The Pentagon is currently reviewing Kelly’s involvement in the video, but it’s unclear whether he will face a recall and court-martial or receive a lesser penalty. Hegseth has hinted at reducing Kelly’s rank, which could be an administrative reduction under a law that prohibits interference with military discipline.
Experts warn that using the UCMJ to punish Kelly would be a significant escalation by Hegseth and raise concerns about free speech protections. The issue is further complicated by Kelly’s role as a senator and his eligibility for recall to active duty under military law.
The situation has sparked pushback from some Republicans, who have defended Kelly and expressed skepticism about the Pentagon’s investigation. As the matter unfolds, it remains unclear how Hegseth will proceed with punishment or whether Kelly will ultimately face charges under the UCMJ.
Source: https://edition.cnn.com/2025/11/26/politics/hegseth-kelly-unlawful-orders-video