He Effed Around, Now He’s Finding Out: Hegseth Moves Against ‘Seditious’ Mark Kelly
They were dubbed the “Seditious Six”—six Democratic lawmakers with military or intelligence backgrounds who appeared in a November 18 video telling active-duty service members they could refuse unlawful orders. Sen. Mark Kelly, a retired Navy captain, was among them.
Secretary of War Pete Hegseth responded on January 5 by issuing Kelly a formal Letter of Censure and initiating retirement-grade determination proceedings that could reduce Kelly’s retired rank and corresponding military pay.
Hegseth characterized Kelly’s conduct as “seditious” and accused him of counseling service members to refuse lawful orders. Kelly and the other lawmakers have disputed that characterization, saying the video concerned the obligation of service members to reject unlawful orders.
Under the process announced by Hegseth, Kelly was given an opportunity to respond, while the department said the retirement-grade determination would proceed under 10 U.S.C. § 1370(f).
Kelly subsequently challenged the actions in federal court, arguing that the proceedings violated his constitutional rights and exceeded the department’s authority. In February, U.S. District Judge Richard Leon issued a preliminary injunction blocking the enforcement of Hegseth’s actions while the litigation continued.
Whatever view one takes of the November video, the dispute now involves questions about military discipline, the legal status of retired service members, congressional speech, and the First Amendment.
