By KONSTANTIN TOROPIN and MEG KINNARD, Associated Press

WASHINGTON (AP) — Defense Secretary Pete Hegseth on Monday announced that he is issuing a letter of censure to Democratic Sen. Mark Kelly of Arizona over the lawmaker’s participation in a video that called on troops to resist unlawful orders.

FILE – Sen. Mark Kelly, D-Ariz., refutes efforts by President Donald Trump and Defense Secretary Pete Hegseth to intimidate him and other lawmakers after expressing concerns over U.S. military strikes against vessels suspected of smuggling drugs in the Caribbean, during a news conference at the Capitol, in Washington, Dec. 1, 2025. (AP Photo/J. Scott Applewhite, File)

Hegseth said that the censure was “a necessary process step” to proceedings that could result in a demotion from Kelly’s retired rank of captain in the U.S. Navy. Kelly’s office had no immediate comment.

The move comes more than a month after Kelly participated in a video with five other Democratic lawmakers in which they called on troops to defy “illegal orders.” President Donald Trump accused the lawmakers of sedition “punishable by DEATH” in a social media post days later.

In November, Kelly and the other lawmakers — all veterans of the armed services and intelligence community — called on U.S. military members to uphold the Constitution and defy “illegal orders.”

The 90-second video was first posted from Sen. Elissa Slotkin’s X account. In it, the six lawmakers — Slotkin, Kelly and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan — speak directly to U.S. service members, whom Slotkin acknowledges are “under enormous stress and pressure right now.”

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Afterward, Trump accused them of sedition “punishable by DEATH,” reposting messages from others about the video and amplifying it with his own words.

The Pentagon announced that it began an investigation of Kelly late in November while citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court martial or other measures.

Kelly said that the investigation was part of an effort to silence dissent within the military.

“This is just about sending a message to retired service members, active duty service members, government employees — do not speak out against this president or there will be consequences,” Kelly told reporters in mid-December.

In his post Monday, Hegseth charged that Kelly’s remarks in the video and afterward violated the Uniform Code of Military Justice provisions against conduct unbecoming an officer and violating good order and discipline.

Kelly, along with some of the other Democrats in the initial video, have also sent out fundraising messages based off the Republican president’s reaction to their comments, efforts that have gone toward filling their own campaign coffers and further elevating their national-level profiles.

While all six lawmakers served in the military or the intelligence community, Hegseth made clear in previous remarks that Kelly was the only one facing investigation because he is the only one of the lawmakers who formally retired from the military and is still under the Pentagon’s jurisdiction.

In recent months, Kelly — whose name has frequently been mentioned as a potential 2028 Democratic presidential contender — has made several trips to South Carolina, traditionally an early primary state that kicked off its party’s nominating calendar in 2024. Appearing with his wife, former Rep. Gabby Giffords, at events calling for stricter gun control measures, Kelly met during those trips with local lawmakers, stakeholders whose early support can be critical as national-level hopefuls attempt to make inroads in the critical state.

Hegseth said Monday that “Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.”