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.
The November video, featuring Kelly alongside other Democratic lawmakers with military or intelligence backgrounds, spoke about constitutional responsibilities and urged service members to uphold the law and refuse orders that are unlawful. Although all lawmakers involved served in military or related roles, only Kelly’s retired military status put him under Pentagon jurisdiction for possible action.
Legal and Political Context
Kelly’s lawsuit underscores a rare legal challenge by a sitting U.S. senator against the Defense Department, raising broader questions about the boundaries between political speech, military discipline, and legislative oversight. His attorneys argue that penalizing a lawmaker for public commentary on policy matters could set a dangerous precedent and chill political speech by veterans and public officials.
The judge assigned to the case is expected to consider requests to halt the Pentagon’s actions while the court reviews the lawsuit. A temporary restraining order or preliminary hearing could occur in the coming days.
Official Responses
The Pentagon has acknowledged the lawsuit but declined to comment on ongoing litigation. Statements from Hegseth’s office earlier described actions against Kelly as justified under military regulations and within the Department’s authority. No further official responses have been issued pending the court’s review.