Defense Secretary Pete Hegseth is forgoing a promised court-martialing and taking a behind-closed-doors track to attempt to punish Sen. Mark Kelly (D-Ariz.).
The administrative move — which seeks to reduce Kelly’s retirement rank and military pension — is the latest in the bitter back-and-forth between the Trump administration and the retired Navy captain after he joined five other Democratic lawmakers in a November video reminding service members that they were obligated to refuse illegal orders.
While Hegseth is taking Kelly into uncharted legal waters, using an action typically meant to scrutinize service members’ active-duty conduct, a Pentagon packed with President Trump loyalists could unfairly tip the scales against the Arizona Democrat, according to military law experts.
“The bottom line is, this is not lawful,” Rachel VanLandingham, a retired Air Force lieutenant colonel and former judge advocate, said of Hegseth’s bid to reduce Kelly’s rank under the military code. “It’s just never been done.”
Hegseth on Monday issued a letter of censure to Kelly, claiming the senator’s actions were prejudicial to good order and discipline. The letter kicks off the proceedings against Kelly, with Navy Secretary John Phelan to make a recommendation to Hegseth within 45 days as to whether a reduction in retired grade is warranted. Hegseth will then decide if he will reduce Kelly’s grade.
Hegseth is basing the proceedings under 10 U.S. Code § 1370(f), which determines when a reduction in retirement grade is allowed. Under such law, Phelan is solely responsible for the grade reduction recommendation, with no board involved, according to Todd Huntley, a retired Navy captain and former judge advocate.
That gives the relatively new Navy secretary, a Trump loyalist, an oversized influence on how the saga may play out. The founder of the private investment firm Rugger Management LLC, Phelan was a major contributor to Trump’s presidential campaign in 2024, giving more than $800,000 to the then-candidate’s joint fundraising committee in April that year.
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