Sen. Mark Kelly of Arizona, right, on Monday, Jan. 12, 2026, sued Defense Secretary Pete Hegseth and the Pentagon for initiating proceedings to reduce his retirement rank and military pension after Kelly reminded troops in a video that they can refuse illegal orders. (Kaitlyn Bailey/U.S. Navy; Eric Kayne/Stars and Stripes)
WASHINGTON — Sen. Mark Kelly of Arizona on Monday sued Defense Secretary Pete Hegseth and the Pentagon for initiating proceedings to reduce his retirement rank and military pension after Kelly reminded troops in a video that they can refuse illegal orders.
The federal lawsuit also names the Navy and Navy Secretary John Phelan as defendants, alleging the Trump administration is illegally disciplining Kelly for political speech protected by the Constitution and violating due process laws by publicly charging Kelly with sedition.
Hegseth last week said the military had started administrative actions against Kelly and issued a formal censure letter accusing Kelly of making a series of public statements that “undermined the chain of command,” “counseled disobedience” and constituted “conduct unbecoming an officer.”
Kelly’s lawsuit asks the courts to declare those moves unlawful.
“If permitted to stand, the secretary’s censure and the grade-determination proceedings that he has directed will inflict immediate and irreparable harm,” the lawsuit states. “Each of these actions also signals to retired service members and Members of Congress that criticism of the executive’s use of the armed forces may be met with retaliation through military channels.”
Kelly said in a statement Monday that Hegseth was engaging in an “unconstitutional crusade against me” and “coming after what I earned through my 25 years of military service, in violation of my rights as an American, as a retired veteran and as a United States Senator whose job is to hold him — and this or any administration — accountable.”
A Pentagon official said the department was aware of the litigation but declined to comment as a matter of policy.
Kelly retired from the Navy as a captain in 2011 after serving as an officer and flying 39 combat missions as a naval aviator. He is a member of the Senate Armed Services Committee, which is charged with providing congressional oversight of the Defense Department.
In November, Kelly and five other Democratic lawmakers who served in the military or the intelligence community came under fire from President Donald Trump for releasing a video reminding service members that they are required not to follow unlawful orders.
The video enraged Trump, who called it “seditious behavior at the highest level,” and led to efforts by Hegseth to punish Kelly. The other involved lawmakers did not serve long enough to retire with a military pension or did not fall under military law.
Hegseth in his censure letter also took issue with Kelly’s comments over a six-month period in which the senator criticized military leadership for firing admirals and generals and voiced concerns about the legality of certain military operations, including strikes on alleged drug boats.
“We have evaluated those statements, not just that one video, which was incredibly reckless,” Hegseth said in a media appearance last week. “He knew exactly what he was doing. … And watching the, I don’t know, hissy fit that he’s been throwing ever since, shows us just how over the target we are.”
The lawsuit states that Hegseth’s actions violate Kelly’s freedom of speech as well as the Speech and Debate clause of the Constitution, which grants immunity to lawmakers for official acts.
“Allowing defendants to punish a senator through military proceedings for his political speech erodes the separation of powers and gives the executive a power over legislators that the Constitution does not contemplate,” the complaint states.
Contributing: Stars and Stripes reporter Matthew Adams
