Pentagon chiefPete Hegsethhas backed down from previous threats to court-martial retired Navy captainSen. Mark Kelly, D-Arizona, for his role in a video telling service members they "can refuse illegal orders."
Hegseth instead issued a formal censure to Kelly, the defense secretaryannounced on X, and has initiated proceedings aiming to demote Kelly in retirement. The senator did not immediately return a request for comment sent to his staff.
But demoting Kelly requires an administrative process known as officer grade determination, whichby lawmakes its decisions based on an officer's conduct while on active duty. It's not clear how the board can legally consider Kelly's post-retirement conduct when making its decision.
Hegseth, however, seemingly suggested that the board's results are preordained, calling the senator "Captain (for now) Kelly" in his post announcing the administrative move.
"This is dead on arrival. This is ludicrous," said Gene Fidell, a former Coast Guard lawyer who teaches military law at Yale Law School. "This administration, including the Department of Defense, is out of control."
This is a developing story.
This article originally appeared on USA TODAY:Hegseth backs down, Sen. Mark Kelly receives censure from Pentagon
