Sen. Mark Kelly (D-Ariz.) is being "demoted" as punishment for appearing in a viral video telling military members they don't have to follow unlawful orders.
A collection of former military service and intelligence members filmed a video last year. The action has no bearing on Kelly's position in the U.S. Senate, but the Pentagon intends to put a note on Kelly's permanent record.
"Right now, the threats to our Constitution aren't just coming from abroad, but from right here at home," the lawmakers told service members. "Our laws are clear: You can refuse illegal order. ... You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution."
Kelly served 25 years in the Navy and as a NASA astronaut, and achieved the rank of Captain.
According to a statement by Secretary of Defense Pete Hegseth, Kelly made "seditious statements," though the federal government doesn't intends to attempt any prosecutions for sedition. Hegseth initially said that he would court martial Kelly. However, a court martial would mean Hegseth would be forced into a military trial for Kelly, who maintains he has not broken any laws or rules with the video.
"This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file," Hegseth said in the statement.
"This is not a demotion of Sen. Mark Kelly (yet). But it's an effort to open the door to one. Those who sit on a grade determination board are typically service members at least one grade senior to the person under review. They are supposed to be impartial in nature," said military affairs reporter Dan Lamothe from the Washington Post.