The legality of Secretary of War Pete Hegseth’s claims against Senator Mark Kelly

Arizona Senator Mark Kelly (D) is pledging to fight back after Secretary of War Pete Hegseth announced he’s taking administrative action against Senator Kelly.

Secretary Hegseth claimed Senator Kelly’s public statements, including a video message telling troops not to follow illegal orders, amount to sedition. In a statement on social media, Secretary Hegseth said he has initiated a formal 45-day process to reduce Senator Kelly’s rank and retirement pay.

Frank Rosenblatt, Professor at Mississippi College School of Law and a retired U.S. Army Judge Advocate General (JAG) Lieutenant Colonel, joined “Arizona Horizon” to discuss the legality of Secretary Hegseth’s statement.

“Just about anyone who knows military law…would say that this is an overreach,” Rosenblatt said, “…I calculated about it as a 0.0% chance of success on demerits of reducing his grade in retirement.”

According to Rosenblatt, articles 133 and 134 are vague articles highlighting general provisions, and conduct unbecoming to the officer.

“For a retiree, much less a senator, whose job is oversight of the defense department,” Rosenblatt explained, “…these just really don’t have any merit to them.”

Secretary Hegseth announced that the Navy would come up with a process to look at a board that would allow Senator Kelly to respond within 30 days. Kelly is surrounded by lawyers from the Arnold & Porter law firm who are determined to defend Kelly.

“This really isn’t about the few hundred dollars in retirement, I think that Senator Kelly recognizes that these are larger principles here about the separation of powers between the Senate’s ability to conduct oversight of the defense department,” Rosenblatt said.

Rosenblatt explained how, in the censure letter, Secretary Hegseth was reportedly not happy with Senator Kelly’s statements from June 2025 to December 2025.

“In other words, he’s just not happy that Senator Kelly has been conducting oversight over the defense department,” Rosenblatt explained.