The administrative move - which seeks to reduce Kelly's retirement rank and military pension - is the latest in the bitter back-and-forth between the Trump administration and the retired Navy captain after he joined five other Democratic lawmakers in a November video reminding service members that they were obligated to refuse illegal orders.
While Hegseth is taking Kelly into uncharted legal waters, using an action typically meant to scrutinize service members' active-duty conduct, a Pentagon packed with President Trump loyalists could unfairly tip the scales against the Arizona Democrat, according to military law experts.
"The bottom line is, this is not lawful," Rachel VanLandingham, a retired Air Force lieutenant colonel and former judge advocate, said of Hegseth's bid to reduce Kelly's rank under the military code. "It's just never been done."
Hegseth on Monday issued a letter of censure to Kelly, claiming the senator's actions were prejudicial to good order and discipline. The letter kicks off the proceedings against Kelly, with Navy Secretary John Phelan to make a recommendation to Hegseth within 45 days as to whether a reduction in retired grade is warranted. Hegseth will then decide if he will reduce Kelly's grade.
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