January 12, 2026

In a striking legal challenge, Senator Mark Kelly has initiated a lawsuit against Defense Secretary Pete Hegseth and other top military officials, aiming to halt punitive measures against him following his participation in a video critical of President Donald Trump. The Arizona Democrat's legal action, disclosed through court documents on Monday, seeks to prevent a military review that could potentially demote him and slash his retirement benefits.
The controversy began in November when Senator Kelly, along with five other Democratic lawmakers with national security backgrounds, released a video urging military personnel to disobey illegal orders. The video sparked immediate backlash from President Trump and Secretary Hegseth, who labeled the actions of the lawmakers as "seditious."
In his lawsuit, Kelly accuses Hegseth of launching an "unconstitutional crusade" against him, which he argues could intimidate other retired military members from freely expressing their views. “This isn't how things are done in the United States, and I am not going to stand for it,” Kelly stated, emphasizing the threat to free speech and due process.
The Pentagon has yet to respond to these allegations. The lawsuit also involves Navy Secretary John Phelan and encompasses charges that the proceedings against Kelly are unjust and violate several constitutional rights, including the speech or debate clause, which protects Congressional communications from executive branch interference.
Democrats have recently voiced concerns that President Trump's military directives, including controversial strikes in Latin America and the deployment of the National Guard within the U.S., might place soldiers in legally ambiguous situations. These concerns formed part of the backdrop of the criticized video.
In late November, the Pentagon announced it would investigate Kelly for potential misconduct that could lead to his recall to active duty and a court-martial. However, last week, the Department opted for a less severe but still significant action, with Hegseth initiating proceedings to demote Kelly.
Kelly's legal team argues that the actions taken against him are baseless and premeditated, potentially causing irreversible damage to his reputation and standing. They insist that the censure and proposed demotion are not only unwarranted but also unprecedented for a sitting member of Congress, solely based on expressed views.
As the legal battle unfolds, it underscores the continuing tension between the legislative and executive branches, particularly in the realms of military oversight and free speech. The outcome of this lawsuit could have significant implications for the interaction between military service, government authority, and individual rights within the United States.