By Greg Shipley – January 13, 2026
WASHINGTON — Sen. Mark Kelly (D-Ariz.) has escalated a rare and bitter clash with the Pentagon into federal court, suing Defense Secretary Pete Hegseth and the Department of Defense in an effort to block disciplinary actions tied to a controversial social media video. The lawsuit, filed Monday in Washington, D.C., alleges Hegseth’s formal censure and efforts to strip Kelly’s retirement rank and pay for participating in the video violate the senator’s constitutional rights — particularly the First Amendment and legislative protections.
The video at issue, released in November on social platforms, featured Kelly alongside five other lawmakers with military or intelligence backgrounds urging U.S. service members to uphold the Constitution and refuse “illegal orders.” Critics, including Hegseth, have branded the message reckless and accused Kelly’s remarks of undermining military discipline.
Last week, Hegseth issued a letter of censure — a formal reprimand — against Kelly, initiating proceedings that could demote the retired Navy captain and reduce his military retirement pay. Pentagon officials argued the censure letter was a necessary procedural step in evaluating Kelly’s conduct under military standards, though they stressed they would not comment on ongoing litigation.
Kelly’s lawsuit contends Hegseth’s actions are unprecedented and unlawful. “The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the complaint says, asserting that those protections are especially salient for members of Congress speaking on matters of public policy.
The senator also invokes long-standing constitutional safeguards like the Speech or Debate Clause, designed to shield lawmakers from executive retaliation over official duties and political speech. The suit seeks to have the court declare the censure and related administrative processes unconstitutional and to halt any adverse personnel actions against Kelly.
In public statements, Kelly framed the legal fight as a defense of core liberties. He warned the Pentagon’s approach threatens not just his rights but those of all veterans and retired service members, arguing that forcing a retirement rank review over political speech sets a “chilling” precedent.
Legal analysts describe the case as highly unusual: it pits a sitting U.S. senator directly against the nation’s top military official in a battle over free speech and political oversight of national security policy. Some constitutional experts note the outcome could shape future boundaries between civilian legislative authority and executive branch control over military retirees.
Hegseth and the Defense Department have not publicly responded to requests for comment on the lawsuit. A hearing on Kelly’s request for emergency relief is expected later this week.
Greg Shipley covers U.S. news and politics, with a focus on constitutional issues, national security, and government accountability.
