Sen. Mark Kelly has sued Defense Secretary Pete Hegseth, saying Pentagon proceedings to strip his retired Navy captain rank violate his First Amendment rights after he urged troops to refuse unlawful orders. The complaint asks a federal court to block Hegseth’s review and declare the actions unlawful. Kelly calls the move retaliatory and warns it could chill speech by retired military members amid a broader Pentagon shakeup.
Sen. Mark Kelly Sues Defense Secretary Pete Hegseth, Seeks Injunction Over Demotion Threat
U.S. Defense Secretary Pete Hegseth looks on on the day of a briefing for the House of Representatives on the situation in Venezuela, on Capitol Hill in Washington, D.C., U.S., January 7, 2026. REUTERS/Evelyn Hockstein
WASHINGTON, Jan. 12 — U.S. Senator Mark Kelly filed a federal lawsuit on Monday in Washington, D.C., accusing Defense Secretary Pete Hegseth of violating his First Amendment rights by pursuing proceedings that could strip the Arizona Democrat of his retired Navy captain rank after Kelly publicly urged service members to refuse unlawful orders.
Kelly, a retired Navy captain and former astronaut, says in the complaint that the Pentagon’s actions are retaliatory and unconstitutional. The lawsuit asks a federal court to block Hegseth’s review of Kelly’s rank and to declare the secretary’s actions unlawful.
Background: In November, Kelly appeared in a video reminding troops of their duty to refuse illegal commands. In the clip he said, “Our laws are clear: you can refuse illegal orders.” Hegseth responded by issuing a censure letter on Jan. 5 accusing Kelly of “conduct unbecoming an officer,” citing Kelly’s public criticism of military leadership and his appearance in the video.
FILE PHOTO: U.S. Senator Mark Kelly (D-AZ) speaks with members on Capitol Hill in Washington, D.C., U.S., October 23, 2025. REUTERS/Kylie Cooper/File Photo
Kelly said the move was retaliatory and warned it risks chilling speech among retired members of the military.
Pentagon Response and Context
A Pentagon spokesperson did not immediately respond to requests for comment. Kelly’s lawsuit comes amid heightened tensions over civil-military policy and follows a sweeping personnel shakeup at the Pentagon during President Trump’s second term, when several senior military leaders were removed, including the chairman of the Joint Chiefs of Staff, the Navy’s top officer and the director of the National Security Agency.
In his filed statement, Kelly argued that Hegseth’s actions could send a “chilling message” to retired service members who speak out about public policy or criticize civilian leaders. The suit seeks an injunction preventing further review or demotion and asks the court to rule Hegseth’s conduct unlawful.
(Reporting by Mike Scarcella; Editing by David Bario and David Gregorio)
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