Pentagon cuts Sen. Mark Kelly's military retirement pay as punishment over 'illegal orders' video By Zachary Cohen 4 MI
This discussion thread was locked as off-topic by Emile (a host of the Latest Breaking News forum).
Source: CNN
Secretary of Defense Pete Hegseth announced Monday that the Pentagon is taking administrative action to punish Sen. Mark Kelly, a retired Navy captain, by cutting his retirement pay for participating in a video where he and other Democratic lawmakers reminded US service members of their duty to refuse illegal orders.
Hegseth said in a post on X that the US military will reduce the amount of retirement pay Kelly receives and has issued a secretarial letter of censure, which would stand as a written reprimand but have no practical consequences for the Arizona Democrat.
In response to Senator Mark Kellys seditious statements and his pattern of reckless misconduct the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret), Hegseth posted on X. The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay.
Read more: https://www.cnn.com/2026/01/05/politics/pentagon-cuts-mark-kellys-retirement-pay-punishment
Turbineguy
(39,845 posts)LiberalArkie
(19,313 posts)NotHardly
(2,621 posts)Whinny GD children in charge of US
question everything
(51,700 posts)LiberalArkie
(19,313 posts)MarineCombatEngineer
(17,716 posts)it has to be a Fed. court, state courts have no jurisdiction.
question everything
(51,700 posts)MarineCombatEngineer
(17,716 posts)but I would think that any pension regarding his time with NASA is folded into his military pension.
soldierant
(9,286 posts)is based on time served and highest rank successfully served, that should take cade of the time part. But the regime is attacking the rank.
Irish_Dem
(79,809 posts)24601
(4,135 posts)absolute buillshit. A subsequent administration can not only reverse it, and, subject to Senate approval, could advance his retired rank to Admiral.
COL Mustard
(7,994 posts)Was the retired Army 2-Star who had molested his daughter. The Army couldn't court-martial him because the statute of limitations had expired, but Virginia held him accountable and after he pleaded guilty, Secretary Austin reduced him from O-8 to O-1...all the way down to Second Lieutenant. And there's not a damn thing he could do about it.
In CAPT Kelly's case, this should be a slam dunk. Reminding people to follow the freaking law isn't (or shouldn't be) a crime.
Hassin Bin Sober
(27,382 posts)I guess well see what the federal courts say.
Speech or Debate Clause
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
Which has been construed as protection outside their house
jmowreader
(52,901 posts)I wouldnt put it past King Donald and the Town Drunk to restore his rank since he got busted to butterbar while President Biden was in office.
COL Mustard
(7,994 posts)I sat in a few meetings with him when he was a 2-star. Hes one of the most foul mouthed people Ive ever met, and in the Army, thats saying something. I was shocked when his daughter came forward. Shes very brave.
jmowreader
(52,901 posts)...but from looking at a lot of posts from people who had to, it sounds like he was like a command sergeant major I had to put up with for a year or so.
This particular CSM had served in the Field Station as a first sergeant, went off to another unit outside Berlin to work for a couple of years, got another Berlin assignment, served as our Support Battalion CSM until the Support Battalion commander got sick of his shit, then was transferred to my battalion because just being an asshole isn't justification for forced retirement. So we're sitting in the chow hall one day discussing the new CSM when one of my PFCs asked the question, "so, what is he like?" Someone who'd been in FSB long enough that this guy had been his first sergeant looked at the PFC and said the line that I will remember until the day I die...
"[name] is the worst prick to wear the uniform in the history of the Republic."
After the laughing ceased the good sergeant who said it explained this individual's barracks inspection process. "He'd sniff your bedsheets to see if you were having sex in the barracks."
It turned out to not be quite as bad as we thought it would be because on the day he was finally inflicted on us, our battalion commander (FANTASTIC guy!) called him into his office and informed him that if he didn't mellow the fuck out immediately he was going to have him transferred to Fort Polk, Louisiana, which is not quite like being consigned to Hell but it's not far from it.
COL Mustard
(7,994 posts)I wasn't assigned to the Field Station at Gablingen, but the unit I was in had a detachment there, and I knew a lot of people who were assigned there. There were some very, very smart people there, but some of them were...quirky. I was in Augsburg in the early 1980s.
jmowreader
(52,901 posts)I was on CQ the night the Berlin Wall opened. I spent most of my comp day over by the Reichstag taking pictures of people walking on top of it.
COL Mustard
(7,994 posts)I was watching on TV from suburban DC.
bluestarone
(21,180 posts)Would it be in Arizona, i wonder?
MarineCombatEngineer
(17,716 posts)Aileen Mercedes Cannon, United States District Court for the Southern District of Florida Judge.
I've no doubt that Trumpedo and Kegsbreath have considered an appeal and are judge shopping, but I think they've grabbed a Tiger, (Capt./Sen. Mark Kelly) by the tail and don't, either how to let go or they're too fucking stupid to realize the shit storm they've now unleashed.
Sit back, grab the popcorn,
and a refreshment of your choice:
and enjoy the shit show that's happening even as we speak.
Hassin Bin Sober
(27,382 posts)rampartd
(3,790 posts)dutch777
(4,880 posts)ScratchCat
(2,688 posts)IMPEACH AND REMOVE THESE MOFO'S......NOW!!!! Not tomorrow. Not next week. Right. Fucking. Now. This is 100% illegal and every Republican in the Senate knows it.
What in the ever loving fuck do these criminal have to do for Democrats to say NO MORE?!?
I have never used fuck so much since last year. These lawless, cruel assholes need to go
yellow dahlia
(4,543 posts)I can't get through a sentence without saying fuck.
Grins
(9,245 posts)Good luck getting anything through him. And I think many other members of those committees who are going to look at this action for what it is: Political revenge.
littlemissmartypants
(31,640 posts)While idiots use the nazi channel for official military business.
Grins
(9,245 posts)And I'll show you grounds for a lawsuit.
marble falls
(71,083 posts)Irish_Dem
(79,809 posts)You don't mess with their pensions.
They risked their lives for it.
Safe as Milk
(207 posts)They are complying with illegal orders daily. Diddling Donny has them by the balls. Like Congressional GOPers, they are worshipping fascism with the Diddler at the top. Expect nothing else.
Irish_Dem
(79,809 posts)But when people start losing pensions, we shall see how they feel.
yellow dahlia
(4,543 posts)They understand an oath to the Constitution...and to country.
Irish_Dem
(79,809 posts)But Trump stealing their retirement might wake them the hell up.
moonshinegnomie
(3,869 posts)for violation of rights under color of law.
walkingman
(10,343 posts)Never underestimate nasty white people.
whathehell
(30,356 posts)Though in definite agreement with your first paragraph, your second suggests a needed reminder that nasty black people are no walk in the park either..Just sayin'.
Midnight Writer
(25,145 posts)Why are they singling out one person?
chowder66
(11,849 posts)"The Video That Triggered the Review
The video featured six lawmakers with either military or intelligence backgrounds addressing U.S. service members. Kellys comments included the phrase that troops can refuse illegal orders. According to reporting from Politico, the Pentagon viewed the message as potentially harmful to loyalty, morale, or good order and discipline. Although five other lawmakers appeared in the video, Kelly stands alone as the subject of the review because the Department of Defense determined he remains under UCMJ jurisdiction as a retired Navy captain. The other lawmakers either never retired from service or come from intelligence agencies outside the UCMJs reach. That distinction shapes the Pentagons current treatment of the matter."
more at link
https://www.military.com/feature/2025/11/25/civilian-office-military-obligations-what-kelly-investigation-reveals-senator-under-military-review.html
chowder66
(11,849 posts)I hope he sues. It's ridiculous since he did this as a civilian senator.
Deuxcents
(25,512 posts)chowder66
(11,849 posts)malaise
(292,796 posts)Sue them Senator Kelly
marble falls
(71,083 posts)He may have a case because the damage done was outside of military service. The question is as a retired officer, is anything he does/had done to him outside his military service?
ScratchCat
(2,688 posts)Mark Kelly is a sitting U.S. Senator. Virtually anything he says as a U.S. Senator is protected political speech. The USMJ or whatever does not have jurisdiction over political speech as no government body does. This does not change simply because Senator Kelly is retired from the US armed forces. Whiskey Pete can't simply make un-factual proclamations and then claim Kelly violated some standard and then institute punishment. It simply wouldn't even withstand a hearing within the Navy. This shit is 100% designed to cause his problems when they know it wont result in anything. This is why Kelly needs to be the fist to call upon The House of Representatives to impeach and remove Hesgeth, Trump, Rubio, Patel and Bondi.
marble falls
(71,083 posts)... document I signed put me under the Uniform Code of Military Justice (you know, the code originally devised by Napoleon Bonaparte). This code is written so that when the accused is arrested he is presumed guilty, he gets a chance to prove otherwise in a very well stacked system against him. This memory is the ONLY clear memory I have of being inducted. It strikes me still.
The difference is as discharged enlisted personnel, I am no longer under the UCMJ. Enlisted are discharged. Officer resign their commission (unless there are certain conditions like conduct unbecoming) and are technically still in the military as "inactive", and this alone does not exclude them from coming under the USMJ at some later point.
Whether he can sue or not is up for grabs, until an authority higher than the Pentagon can rule - like the SCOTUS.
Uniform Code of Military Justice is the ultimate oxymoron.
LogDog75
(1,103 posts)1. I was enlisted for my entire 28-year military career and enlisting does not waiver your access to the Bill of Rights. You have the same protections under the Bill of Rights as you do in civilian life. You don't lose or have suspended any rights your civilian counterparts have. I've had this discussion when I was in the military and no one who disagreed with me was ever able to provide an example where they lost a right.
2. Enlisted members have a 30-year obligation meaning if they retire after 20 years they'll be in the inactive reserves for 10 years subject to recall. Officers, IIRC, can be brought back to active duty at any time. Both enlisted and officers can be recalled to active duty for any violations of the UCMJ that happened while they were on active duty.
In Senator Kelly's case, he is subject to recall to active duty if he violated the UCMJ. The question is Did he violate the UCMJ? IMO, he did not since he was acting in the capacity of his office as a United States Senator and has the protection of the Constitution from which the UCMJ derives it's authority. IOW, the Constitution trumps the UCMJ. Senator Kelly is well within his First Amendment Rights as well as his the right of his Constitutional office.
marble falls
(71,083 posts)... I stand by what I write.
The UCMJ and the Bill of Rights are antithetical to each other - especially in presumption of innocence and due process. They only allowed civilian legal representation in a courts marshal right before I enlisted, and their batting average past some influence on sentencing is not so good. Pretty darned hard to be protected by both at the same time.
LogDog75
(1,103 posts)The UCMJ and the Bill of Rights are not antithetical. Military service can impose restrictions on one's actions but the military member is still held responsible for their action(s) if they violate regulations or the UCMJ. For example, a military member can take part in a public demonstration against the president if they are out of uniform and do not state or imply its the policy or position of the military.
I don't know when you enlisted but I enlisted in 1975 and it was made clear what type of actions we can take part in that won't violate military standards. As for a court martial, I've been on a court martial panel (jury) and found the process fair. BTW, we found, unanimously, the individual not guilty of the charges. During my career, a defendant could have a civilian represent them, at their expense, or have a lawyer from the Area Defense Council at no expense.
madville
(7,841 posts)There have been federal court cases around the subject of limitations to military members free speech rights, several of the cases occurred during Vietnam.
The courts have always upheld the militarys authority to limit or curtail members speech rights beyond those of civilians. For reference: United States v. Howe (1967) and Parker v. Levy (1974).
Its incorrect to say members relinquish all their rights, a more accurate statement is that some constitutional rights are restricted for military members.
I did 21 years, Ive seen firsthand members lose freedom, rank, pay and receive extra duty as punishment for speaking disparagingly about their command, mostly through NJP.
LogDog75
(1,103 posts)There are some limitations imposed upon military members but that doesn't prevent them from exercising their Constitutional Rights. Just as the famous ruling on freedom of speech where the Supreme Court said yelling "fire" in a crowded theater is not protected free speech. That doesn't prevent anyone from doing that, it just provides a basis for prosecuting them for doing it. The same goes for military members, if restrictions are placed upon them then violating those restrictions is punishable under the UCMJ. The military member didn't give up any of their rights doing that but they are legally accountable for their actions under the UCMJ.
You served 21 years and I served 28 years and we've both seen examples of troops being punished for a variety of offenses that in the civilian world would have resulted in firing or a write-up. In the military, disrespect is different because of its impact on the unit/base mission. The troops disrespecting command didn't lose their right to say it but when they enlisted they agreed to obey the rules and regulations of the military and that's what they're being punished for.
babylonsister
(172,578 posts)Besides, what did he say that was seditious? The truth?? These people are FUBARed.
SunSeeker
(57,557 posts)marble falls
(71,083 posts)SheltieLover
(76,802 posts)Asking for a friend...
Historic NY
(39,648 posts)SheltieLover
(76,802 posts)I doubt if this is legal, but it will be a hassle for Kelly.
Dave Bowman
(6,655 posts)marble falls
(71,083 posts)Joinfortmill
(20,073 posts)3catwoman3
(28,583 posts)Kegsbreath is a punk.
odins folly
(547 posts)Fucking little cry babies, what that fuckstick flynn did during Binden years WAS ACTUAL SEDITION but he skated because of the first amendment. I would love to see the next Dem President strip him of everything.
LogDog75
(1,103 posts)odins folly
(547 posts)But apparently these charges only apply if you are a Democrat. If you are a republican you get a pass.
Fuck these people
.
vapor2
(3,765 posts)marble falls
(71,083 posts)LetMyPeopleVote
(174,961 posts)Senator Kelly should sue Hegseth. Senator Kelly was repeating black letter law and will be able to use Hegseth's own words against him
Link to tweet

https://abcnews.go.com/Politics/hegseth-sen-mark-kelly-receive-administrative-punishment-video/story?id=128911622
This is a developing story. Please check back for updates.
Bev54
(13,199 posts)sure Kelly will not take this lying down, he will fight back for himself and all others this admin think they can just steam roll over.
hamsterjill
(17,011 posts)Looks real good for military service, doesn't it?
Assholes!
MarineCombatEngineer
(17,716 posts)There is no doubt that this is fueled by Trumpedo with Kegsbreath gleefully carrying out this political retribution.
Can't hardly wait for the first Fed. court to hear this, I'm pretty confident that Trumpedo and Kegsbreath are in for a very rude awakening.
littlemissmartypants
(31,640 posts)Traildogbob
(12,561 posts)Mandatory draft, except for the Barons of the ones sending troops to die for their fortunes.
No Fortunate Sons gonna step a boot near danger, or even ever put in a boot.
littlemissmartypants
(31,640 posts)Traildogbob
(12,561 posts)But volunteers are going to ICE, huge pay, $60,000 bonus, cool guns and uniforms and guaranteed to not be shot at. Kristy and Hagueseth will kill any one that tries to. With better care than troops, and much better pay. Hang anti ICE from a bridge like the cartel do to discourage speaking out.
Codifer
(1,156 posts)hearing of a huge expenditure for ice recruitment. They will concentrate on NASCAR races, tractor pulls, UFC cage fighting events and biker gang hangouts.
I would add dive bars and psyche wards and prisons.
Only the best.
Traildogbob
(12,561 posts)Come be an ICE hero. No shooting back, but all the guns and gear you need to play soldier. With Pay The likes of which the country has never seen, for soldiers that die for us.
littlemissmartypants
(31,640 posts)AverageOldGuy
(3,351 posts)Go fuck yourself.
Retired US Army, Vietnam vet, spent more time in combat than you have passed out drunk in a whorehouse
MarineCombatEngineer
(17,716 posts)I agree wholeheartedly with you.
Semper Fi Army.
democrank
(12,136 posts)Yes, youre right .all caps!
MarcoZandrini
(152 posts)..action! Dont bitch, act.
democrank
(12,136 posts)Ive been an active Democrat for about 6 decades. Ive volunteered a zillion times, licked envelopes, posted signs, provided rides to meet ups. Ive marched, protested, joined groups, signed petitions, sent voting reminder postcards, met with representatives, written letters to the Editor, sent emails, made phone calls.
Once in a great while something catches my attention that is so important, I respond in all caps. It rarely happens, but did today. I know a little bit about what some veterans go through during and after serving their country. They will ALWAYS have my support.
FredGarvin
(809 posts)Another victim of Trump and the GOP
Response to LiberalArkie (Original post)
Name removed Message auto-removed
marble falls
(71,083 posts)LetMyPeopleVote
(174,961 posts)Link to tweet
My rank and retirement are things that I earned through my service and sacrifice for this country. I got shot at. I missed holidays and birthdays. I commanded a space shuttle mission while my wife Gabby recovered from a gunshot wound to the head all while proudly wearing the American flag on my shoulder. Generations of servicemembers have made these same patriotic sacrifices for this country, earning the respect, appreciation, and rank they deserve.
Pete Hegseth wants to send the message to every single retired servicemember that if they say something he or Donald Trump doesnt like, they will come after them the same way. Its outrageous and it is wrong. There is nothing more un-American than that.
If Pete Hegseth, the most unqualified Secretary of Defense in our countrys history, thinks he can intimidate me with a censure or threats to demote me or prosecute me, he still doesnt get it. I will fight this with everything Ive got not for myself, but to send a message back that Pete Hegseth and Donald Trump dont get to decide what Americans in this country get to say about their government.
sinkingfeeling
(57,222 posts)Mister Ed
(6,808 posts)It's actually come to that, hasn't it?
NBachers
(19,182 posts)samsingh
(18,243 posts)the one advocating for overthrow of the Biden government.
Response to samsingh (Reply #63)
Zenlitened This message was self-deleted by its author.
jfz9580m
(16,573 posts)Pluvious
(5,241 posts)Martin Eden
(15,363 posts)Who knew?
FakeNoose
(40,177 posts)I hope he has plans to do exactly that.
It's not that Senator Kelly doesn't have other resources, his salary and benefits as a US Senator are substantial and they will continue no matter what. It's the smirky "gotcha" slap in the face by Hogsbreath that is so maddening, and the fact that he has no legal standing for doing this. Not one iota.
Sen. Kelly should take him to court, and he'll surely win the case.
Martin Eden
(15,363 posts)Of course Senator Kelly would easily win the case on merit. However, Kegsbreath fired all the top JAG's. The question is whether the case would be decided on merit or be preordained by officers loyal to the regime rather than their sworn duty.
And, of course, this is a matter of principle. Trump and Hegseth want to punish Mark Kelly any way they can. He is secure financially, but that's not the point. His military career would be officially tarnished.
More importantly, the power to unjustly punish for brazenly political vindictive motives would be reinforced if the punishment was upheld by a military or any other court.
B.See
(7,772 posts)the MAGA "chosen one" - their "prince of peace."
the would be Nobel Peace Prize winner
Not Department of Defence... WAR. But under Trump, apropos, I think.
Norrrm
(4,003 posts)Flag officers and other high-ranking officers and civilians must be very disappointed to have to toe the line to this minor major Hegseth.
Faux pas
(16,169 posts)LogDog75
(1,103 posts)The question I have is Was there any due process giving Senator Kelly a chance to present evidence to to challenge Hegseth's actions? Under the UCMJ, any person facing an Article 15 or Courts Martial has the right to a public hearing, right to counsel, the right to present evidence, the right to challenge the charges, the right to question their accusers or witnesses, etc... None of these have happened.
Buddyzbuddy
(2,126 posts)We're going to need very serious, tireless people focused on getting all of the changes done. That includes a very strong V.P. that is given the power and trust needed to help right this ship. No figurehead allowed. If a legislator in either body has proven incapable of getting the job done, replace him or her.
Say what you will about the Felon, he got "his" Generals, "his" Justice Dept. and "his" judges. Checks and balances has failed. All that is left are a few righteous judges.
IbogaProject
(5,619 posts)I don't like it but fair is fair if you think this is a good tactic for hiring and retaining the best of the best.
LetMyPeopleVote
(174,961 posts)If the administration intends to investigate Democratic veterans in Congress, it should prepare equal treatment for members of the White House Cabinet.
In prior remarks, Hegseth and Bondi also said troops must disobey illegal orders - MS NOW
— (@oc88.bsky.social) 2025-12-09T17:49:00.527Z
apple.news/AtPlYxgM_Q1S...
https://www.ms.now/rachel-maddow-show/maddowblog/in-prior-remarks-hegseth-and-bondi-also-said-troops-must-disobey-illegal-orders
CNN also found that, as Election Day 2016 drew closer, the former Fox News host told viewers that service members are not going to follow illegal orders.
That is to say, eight years ago, the future Pentagon chief delivered the same message he and Trump are now condemning.
Evidently, Hegseth is not alone. The New York Times reported:
Pam Bondi, the attorney general, said the same thing as the [Democratic] lawmakers last year in a friend-of-the-court brief in the Supreme Court as a lawyer for the America First Policy Institute, a conservative think tank that represented three former military leaders.
In the legal brief, which is available online through the high courts website, Bondi wrote, Military officers are required not to carry out unlawful orders. The Florida Republican added, The military would not carry out a patently unlawful order from the president to kill nonmilitary targets. Indeed, service members are required not to do so.
Im going to go out on a limb and say that the Trump administration wont launch sedition investigations into the incumbent presidents defense secretary and attorney general, but if officials continue to pursue Democratic veterans in Congress, they should probably prepare an answer to a straightforward question: Why arent you also pursuing cases against the presidents defense secretary and attorney general?
GiqueCee
(3,410 posts)... Has this asshole ever even read the Uniform Code of Military Justice? KELLY DID NOTHING WRONG! He quoted the UCMJ on an issue that should be foremost in everyones minds right now. Trump and his syphilitic rats have run roughshod over the Constitution and the rule of law, and Republican filth just let him do it.
This not going to end well.
LymphocyteLover
(9,364 posts)Evolve Dammit
(21,498 posts)orangecrush
(28,342 posts)thought crime
(1,196 posts)mdbl
(8,115 posts)Mark Kelly didn't make seditious statements. Sue that jackass Kegsbreath for defamation and to reinstate his pension. Kegsbreath doesn't deserve to be in his position where he is making a mockery of our armed forces.
rickford66
(6,043 posts)OhioTim
(380 posts)sent to Kelly, I'd like to see him burn it in public.
Emile
(40,616 posts)Last edited Tue Jan 6, 2026, 07:15 AM - Edit history (1)
After an alert and discussion with the other hosts, locking.