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Hegseth censures Sen. Kelly after Democrats' video urging troops to resist unlawful orders

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Hegseth censures Sen. Kelly after Democrats' video urging troops to resist unlawful orders
News

News

Hegseth censures Sen. Kelly after Democrats' video urging troops to resist unlawful orders

2026-01-06 05:22 Last Updated At:05:30

WASHINGTON (AP) — Defense Secretary Pete Hegseth announced Monday that he censured Democratic Sen. Mark Kelly of Arizona over the former Navy pilot’s participation in a video that called on troops to resist unlawful orders.

Hegseth said the censure — by itself simply a formal letter with little practical consequence — was “a necessary process step” to proceedings that could result in a demotion from Kelly's retired rank of captain and subsequent reduction in retirement pay.

Investigating and now punishing a sitting U.S. senator is an extraordinary move for the Pentagon, which until President Donald Trump’s second term had usually gone out of its way to act and appear apolitical. A legal expert says the choice to go after a lawmaker will complicate an already unique case.

In a lengthy post on social media, Kelly said he “never expected” what he called an “attack” from Trump and Hegseth, recounting his 25 years of Navy service as well as combat and space missions.

Calling Hegseth's move “outrageous” and “un-American,” Kelly said he would fight the censure “with everything I’ve got — not for myself, but to send a message back that Pete Hegseth and Donald Trump don’t get to decide what Americans in this country get to say about their government.”

The censure comes after Kelly participated in a video in November with five other Democratic lawmakers — all veterans of the armed services and intelligence community — in which they called on troops to uphold the Constitution and defy “illegal orders.”

Trump, a Republican, accused the lawmakers of sedition “punishable by DEATH” in a social media post days later.

The 90-second video was first posted from Sen. Elissa Slotkin’s X account. In it, the six lawmakers — Slotkin, Kelly and Reps. Jason Crow, Chris Deluzio, Maggie Goodlander and Chrissy Houlahan — speak directly to U.S. service members, whom Slotkin acknowledges are “under enormous stress and pressure right now.”

The lawmakers didn’t mention specific circumstances. But their message was released amid a series of military attacks on boats accused of smuggling drugs in the Caribbean Sea and the eastern Pacific Ocean and Trump’s attempts to deploy National Guard troops to American cities.

The Pentagon announced that it began an investigation of Kelly in late November, citing a federal law that allows retired service members to be recalled to active duty on orders of the defense secretary for possible court-martial or other measures.

While all six lawmakers served in the military or the intelligence community, Hegseth previously said Kelly was the only one facing investigation because he is the only one of the lawmakers who formally retired from the military and is still under the Pentagon’s jurisdiction.

Kelly said last month that the investigation was part of an effort to silence dissent: “This is just about sending a message to retired service members, active duty service members, government employees — do not speak out against this president or there will be consequences.”

Kelly, along with some of the other Democrats in the initial video, have sent out fundraising messages based off Trump’s reaction to their comments, efforts that have gone toward filling their own campaign coffers and further elevating their national-level profiles.

In his post Monday, Hegseth charged that Kelly's remarks in the video and afterward violated Uniform Code of Military Justice provisions against conduct unbecoming an officer and violating good order and discipline.

“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action," Hegseth said.

Todd Huntley, a retired Navy captain and judge advocate general, called this is a “novel” situation that raises legal questions.

One issue, Huntley said, is whether Kelly’s comments fall under the constitutional protections of the speech or debate clause, which is intended to protect members of Congress from questioning about official legislative acts.

A 1968 Supreme Court decision said the provision’s intent was “to prevent legislative intimidation by and accountability to the other branches of government.”

“You can’t punish him for making statements that are consistent with the office he is holding,” said Colby Vokey, a prominent civilian military lawyer and former military prosecutor, citing the Constitution’s speech and debate clause.

Huntley said that while the type of process Hegseth is using — known as a retirement grade determination — is fairly routine, “as far as I know, they’ve always been based on conduct during the individual’s active duty service, even if it only came to light after retirement.”

“So, I don’t know if conduct totally after retirement would fit the requirement for such a determination,” he added.

Vokey also expressed skepticism, saying that while the Navy secretary can reduce a retired officer’s rank and pay grade if it's determined that good cause exists, "I have no idea what the good cause would be. I think that’s pretty questionable.”

According to Hegseth, Kelly now has 30 days to submit a response to the proceedings that will decide if he is demoted. The decision will be made within 45 days, Hegseth’s post added.

Huntley noted that Kelly also will have options to appeal the finding both within the military and in federal court. Vokey said a lawsuit in federal court would likely be the more effective course of action for Kelly.

Kinnard reported from Columbia, S.C. Associated Press writers Ben Finley and Stephen Groves contributed to this report.

Defense Secretary Pete Hegseth listens during a news conference with President Donald Trump at Mar-a-Lago, Saturday, Jan. 3, 2026, in Palm Beach, Fla. (AP Photo/Alex Brandon)

Defense Secretary Pete Hegseth listens during a news conference with President Donald Trump at Mar-a-Lago, Saturday, Jan. 3, 2026, in Palm Beach, Fla. (AP Photo/Alex Brandon)

FILE - Sen. Mark Kelly, D-Ariz., refutes efforts by President Donald Trump and Defense Secretary Pete Hegseth to intimidate him and other lawmakers after expressing concerns over U.S. military strikes against vessels suspected of smuggling drugs in the Caribbean, during a news conference at the Capitol, in Washington, Dec. 1, 2025. (AP Photo/J. Scott Applewhite, File)

FILE - Sen. Mark Kelly, D-Ariz., refutes efforts by President Donald Trump and Defense Secretary Pete Hegseth to intimidate him and other lawmakers after expressing concerns over U.S. military strikes against vessels suspected of smuggling drugs in the Caribbean, during a news conference at the Capitol, in Washington, Dec. 1, 2025. (AP Photo/J. Scott Applewhite, File)

INDIANAPOLIS (AP) — Tarris Reed Jr. sat at his locker Thursday, fielding questions about his run as the interior-scoring, rebound-snagging force in UConn's latest Final Four push.

Yet he wasn't the main attraction.

That's because across the room, an even bigger gaggle of reporters waited for freshman guard Braylon Mullins — the Indiana kid who hit an all-timer of a shot to send the Huskies back to the sport's biggest stage — to return for his own round of interviews.

“Guards are the ones that hit the big shots,” Reed said Thursday when asked about big men getting their due, adding with a grin: “We just do our job, we do the dirty work — and we're used to doing it our whole life so we have fun doing it.”

Maybe so, but there's no minimalizing the impact of size this week in Indianapolis. Not with the Final Four boasting its biggest quartet of teams going back roughly two decades, starting with guys such as Reed, Michigan's Aday Mara, Arizona's Koa Peat and Illinois' 7-foot Ivisic twins as anchors to lineups with size radiating all the way out to the perimeter.

The average height of the Final Four teams is nearly 79.1 inches, or roughly 6 feet 6, according to KenPom’s analytics site. That edges last year’s average of nearly 78.3 inches for the biggest of any Final Four going back to the start of KenPom’s data in 2007.

Illinois (28-8) is Division I's tallest team with an average roster height of nearly 6-7 (80 inches), while Arizona (36-2) is seventh at nearly 6-6 (79 inches). Michigan (35-3) and UConn (33-5) are in the top 30 nationally with nearly identical averages slightly behind the Wildcats.

Consider it a sign of the premium each team put on building a roster to overwhelm teams inside, on the glass and with game-altering length spanning the gaps between.

That kind of size, strength and wingspan creates trouble cascading through the matchups. ACC Network analyst Luke Hancock said teams are also thriving by finding power forwards and centers capable of stepping outside to stretch defenses further and create space, eliminating the ability for a defense to simply collapse on a lone big man.

“Guards still win in March,” said Hancock, the most outstanding player of the 2013 Final Four in Louisville’s later-vacated title run. "But I think these guys have become almost like a necessary component. If you want to win championships, you need a big 4 and a monster 5.”

And it's manifesting in several ways as March Madness reaches its final act.

The Illini have had the best defensive tournament efficiency of the Final Four teams while dominating the glass to complete those stops. Their roster includes an influx of European talent, including Tomislav (7-1) and Zvonimir Ivisic (7-2), as well as 6-9 forward David Mirkovic from Montenegro.

The Illini also brings 6-9, 235-pound graduate Ben Humrichous off the bench, while the outlier in the big lineup is 6-2 senior guard Kylan Boswell as a strong backcourt defender.

The South Region champion has allowed .976 points per possession in the NCAA Tournament to lead the remaining four teams. Throw in the fact that Illinois is outrebounding opponents by 16.3 per game, and it's been a perfectly timed boost to an already elite offense with those forwards and centers capable of hitting from behind the arc, too.

"Playing in the summer, you could tell it’s a little bit harder to do some things just because you’ve got Z at the rim, who’s 7-foot-2 and a great shot blocker," 6-6 forward Jake Davis said. “You got Tommy down there. So anybody you’re going up against in practice is super tall. ... We’ve just got a bunch of length everywhere. And you could tell early on that we could cause problems for other teams.”

The Illini will be tested against Reed, a 6-foot-11, 265-pound senior whose scoring (21.8) and rebounding (13.5) averages in the tournament are the best of any player still standing.

That included opening the tournament with a video game-type stat line of 31 points and 27 rebounds against Furman, making him the first player with 30-plus points and 25-plus rebounds in an NCAA Tournament game since Houston’s Elvin Hayes did it twice in 1968.

He’s coming off a 26-point showing in the comeback from 19 down to stun Duke in the Elite Eight.

“He’s a monster,” said UConn senior Alex Karaban, who was part of the Huskies’ 2023 and 2024 title winners. “He’s been so dominant. He’s really playing like the most dominant player in college basketball right now.”

When it comes to the No. 1 seeds, the Wolverines have hummed with 90-plus points in four tournament wins. The Wildcats have been right behind in offensive efficiency despite being shooting fewer 3-pointers than just about every other Division I team all season.

Their meeting Saturday matches strengths.

Michigan has used the 7-3, 255-pound Mara to protect the paint, flanked by a pair of versatile 6-9 forwards in Associated Press first-team All-American Yaxel Lendeborg (240 pounds) and Morez Johnson Jr. (250).

“Our size definitely makes it tougher for smaller guards,” Lendeborg said. “Because we’re so versatile ... we can switch and guard point guards, make their life a little harder. And you know, we’re all strong bodies too. So we try to wear down teams.

“And then, toward the end of the game, that’s when we usually make our runs when we need it.”

Michigan will be tested against the Wildcats with 7-2 center Motiejus Krivas (10.4 points, 8.2 rebounds) and Peat, a 6-8, 235-pound freshman considered a strong NBA prospect.

“If you don't have the big to defend other bigs, you can't compete at this level in my opinion,” Hancock said.

“How do you make it so you're really tough to guard and you have an advantage? It’s the 4-men in this Final Four who are just so talented and the diversity of their skill sets — they can do so many things. That is the ultimate to me.”

AP March Madness bracket: https://apnews.com/hub/ncaa-mens-bracket and coverage: https://apnews.com/hub/march-madness

Arizona forward Koa Peat (10) dunks during the second half in the Elite Eight of the NCAA college basketball tournament against Purdue, Saturday, March 28, 2026, in San Jose, Calif. (AP Photo/Kelley L Cox)

Arizona forward Koa Peat (10) dunks during the second half in the Elite Eight of the NCAA college basketball tournament against Purdue, Saturday, March 28, 2026, in San Jose, Calif. (AP Photo/Kelley L Cox)

Iowa's Tavion Banks (6) has his shot blocked by Illinois' Zvonimir Ivisic (44) during the first half of an Elite Eight game in the NCAA college basketball tournament Saturday, March 28, 2026, in Houston. (AP Photo/Eric Gay)

Iowa's Tavion Banks (6) has his shot blocked by Illinois' Zvonimir Ivisic (44) during the first half of an Elite Eight game in the NCAA college basketball tournament Saturday, March 28, 2026, in Houston. (AP Photo/Eric Gay)

UConn forward Tarris Reed Jr. (5) reacts after the team's win against Duke in the Elite Eight of the NCAA college basketball tournament, Sunday, March 29, 2026, in Washington. (AP Photo/Abbie Parr)

UConn forward Tarris Reed Jr. (5) reacts after the team's win against Duke in the Elite Eight of the NCAA college basketball tournament, Sunday, March 29, 2026, in Washington. (AP Photo/Abbie Parr)

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