Mark Kelly Sues Pete Hegseth in Federal Court for Vengefully Going After His Rank

UNITED STATES - JANUARY 8: Sen. Mark Kelly, D-Ariz., talks with reporters after a vote on the war powers resolution outside the U.S. Capitol on Thursday, January 8, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Sen. Mark Kelly (D-AZ) sued Secretary of Defense Pete Hegseth Monday for directing the U.S. Navy to “reconsider” his rank and pay grade.

Hegseth’s retribution followed Kelly’s participation in a video reminding members of the military that they cannot follow illegal orders. While other lawmakers were also featured, Kelly — with his possible presidential ambitions and military pension — became the administration’s target.

Kelly is suing Hegseth for both constitutional and statutory violations, including infringement on his freedom of speech. 

“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” the lawsuit said. 

It warned that the administration’s attempt to punish Kelly 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.”

It also makes a separation of powers argument, pointing out that the Executive Branch is using military channels to punish a member of Congress who is charged with overseeing and investigating the president’s use of the armed forces. 

The complaint documents President Trump’s prolonged bout of rage-posting on Truth Social after the video was published, accusing the lawmakers of “SEDITIOUS BEHAVIOR, punishable by DEATH!”

Kelly and other members received so many threats that they, their staff and their families were given special security, per the complaint. Kelly himself, it said, “received numerous death threats.” 

Kelly is asking for Hegseth’s actions to be declared unlawful, along with a permanent injunction on any future action that would make good on Hegseth’s threats of further criminal and administrative retribution. 

“Pete Hegseth wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay years or even decades after they leave the military just because he or another Secretary of Defense doesn’t like what they’ve said,” Kelly tweeted Monday afternoon. “That’s not the way things work in the United States of America, and I won’t stand for it.”

Read the lawsuit here:

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  1. I see a second censure in Senator Kelly’s near future.

  2. Avatar for chjim chjim says:

    He’s my Senator; and is one of those helping me to imagine being proud of my country is possible.

  3. I’m afraid this could get dismissed without further consideration (is that with or without prejudice?).

    I guess it depends on which judge gets the case and how appeals go, as there will be all the way to the corrupt SCOTUS.

    Have any of the justices served in the military? Do they have any respect for that commitment or are they like the First Felon in determining that anyone that serves is a fool?

  4. Senator Kelly has my full support.

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