Democratic Sen.Mark Kellysaid he would "do everything in my power" to stop the U.S. Department of Defense from demoting him in retirement during anepisode of "The Daily Show"on Jan. 5.
Kelly's comments come hours after Pentagon chiefPete Hegsethbacked off previouscourt-martial threatsfor his role in a video telling service members they "can refuse illegal orders." He added that the threats levied by Hegseth were "a reflection of the person at the top," referring to PresidentDonald Trump.
"This guy (Trump) is surrounded by a bunch of yes men. They didn't like that I said that," the senator from Arizona told "The Daily Show" host Jon Stewart.
Donald Trump's second term: Actions, travels of the 47th president
Stewart, who was unsparing in his assessment, said the episode speaks of "something inherent in the character of this administration, and that is fragility," adding that "this smacks of weakness and fear."
On Nov. 18, Kelly and five other Democratic lawmakers released a video telling service members they havethe right not to obey orders they believe are illegal. Trump subsequently accused the lawmakers in the video of "SEDITIOUS BEHAVIOR, punishable by DEATH!"in a Nov. 20 post on Truth Social.
The president later claimed that he wasn't "threatening death" on the lawmakers in a Nov. 21 interview on Fox News Radio.
The Pentagon later announced that it wasinvestigating Kellyfor "serious allegations of misconduct." On Jan. 5, Hegseth said that helevied a censure against Kellyand began administrative proceedings to demote him.
Demotion process remains unclear
Demoting Kelly requires an administrative process known as officer grade determination, which, by law, makes its decisions based on an officer's conduct while on active duty. It's not clear how the Navy can legally consider Kelly's post-retirement conduct when making its determination.
According to federal law and Navy regulations, Navy Secretary John Phelan decides the retired rank of officers below the grade of vice admiral. In most cases, an administrative board reviews an officer's conduct before making a recommendation to Phelan.
Sen. Kelly censured.Hegseth backs down from court-martial
Retroactive reductions of retired officers are rare and typically reserved for serious misconduct from their time in uniform. A retired Army two-star general wasdemoted to second lieutenantin 2021 after a Virginia court convicted him of raping his daughter throughout her childhood.
In the Jan. 5 interview, Kelly reiterated his description of Hegseth as "the most unqualified Secretary of Defense in our country's history," froma post on X earlier in the dayand said the fight was "not just about me."
"He doesn't know what he's doing," Kelly said of Hegseth. "But there is tremendous power in that position."
"I will do everything that's appropriate in this circumstance to make sure that they know that this is unacceptable, that they cannot do this to people, but also to make sure that the American people know that you can't be stifling people's freedom of speech," Kelly said.
Contributing: Davis Winkie, USA TODAY
This article originally appeared on USA TODAY:Sen. Mark Kelly says Donald Trump is surrounded by 'yes men'
