Arizona Democratic Sen. Mark Kelly sued Secretary of War Pete Hegseth on Monday, in an effort to halt the Pentagon from downgrading his retirement rank and pay.
The stark move from Hegseth came after Kelly took part in a November 2025 video urging U.S. servicemembers to “ignore illegal orders.”
Kelly’s lawsuit pits a sitting senator against the Department of War over what military leaders say is a direct challenge to the chain of command, and the apolitical foundation of the armed forces.
The 46-page complaint claims Hegseth’s “actions violate numerous constitutional guarantees and have no basis in statute.”
“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 complaint reads.
It continues: “Allowing that unprecedented step here would invert the constitutional structure by subordinating the Legislative Branch to executive discipline and chilling congressional oversight of the armed forces.”
The lawsuit also lists the U.S. Navy, War Department, and Secretary of the Navy John Phelan as defendants.
As CBS News noted, Kelly published the video in response to the Trump administration-approved airstrikes on Venezuelan drug boats.
Kelly wrote a lengthy social media post on Monday complaining about Hegseth’s decision.
“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,” Kelly posted on X. “His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted.
“Every servicemember knows military rank is earned, not given. It’s earned through the risks you take, the sacrifices you and your family make, the leadership you display, and the respect you earn from the superiors who recommend you for promotion.”
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
After touting his military accolades, Kelly added: “So today, I filed a lawsuit against the Secretary of Defense because there are few things as important as standing up for the rights of the very Americans who fought to defend our freedoms.”
When directly confronted last week about whether or not the Venezuelan boat strikes were “illegal,” during an appearance on “The Daily Show,” Kelly was unable to give a definitive answer.
Defense officials maintain the issue is not about speech, but about accountability, arguing that a retired senior officer encouraging troops to disregard orders — even conditionally — crosses a line the Pentagon has long enforced.
Hegseth has framed the action as a necessary defense of military discipline and civilian control, rejecting claims of retaliation, as Kelly seeks judicial intervention to override the department’s authority.
Hegseth said Kelly’s “seditious” remarks “undermined the chain of command” and constituted “conduct unbecoming an officer,” CBS News reported.
The Secretary of War previously mentioned a potential investigation into Kelly for his November video stunt — and it now appears to have come to fruition, much to the chagrin of Kelly and his legal team.
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