U.S. Senator Mark Kelly Sues Pentagon Over Alleged “Unconstitutional” Punishment

Senator Mark Kelly (D-Ariz.) has filed a federal lawsuit against Defense Secretary Pete Hegseth, the Department of Defense and other officials, arguing that recent actions taken against him are unconstitutional. The legal action was filed Monday in federal court in Washington, D.C.

Basis of the Lawsuit

Kelly’s complaint challenges a formal letter of censure placed in his retired military personnel file and the initiation of proceedings that could reduce his retired rank and associated pension. He argues that these moves are in retaliation for his participation in a video released in November that urged U.S. military and intelligence personnel to refuse orders they believe are illegal — a message he and other lawmakers framed as support for constitutional duties.

The lawsuit describes the Pentagon’s actions as violations of constitutional protections, including the First Amendment’s guarantee of free speech and the Constitution’s “Speech or Debate Clause,” which shields lawmakers from legal consequences tied to their official legislative activities. Kelly’s team is asking the court to declare the Pentagon’s disciplinary steps unlawful and to block their enforcement.

Pete Hegseth is coming after what I earned through my twenty-five 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. His unconstitutional…

— Senator Mark Kelly (@SenMarkKelly) January 12, 2026

What Triggered the Dispute

Defense Secretary Hegseth announced earlier this month that the Pentagon had censured Kelly and would begin an administrative process that could lower his retired military rank and reduce retirement pay. Pentagon officials described Kelly’s participation in the video as “reckless misconduct” that could undermine military discipline.