Senator Mark Kelly files lawsuit against Pete Hegseth for censorship
Democratic Sen. Mark Kelly filed a lawsuit against Defense Secretary Pete Hegseth on Monday, arguing that Hegseth’s censure of him last week for his inclusion in a social media video telling U.S. service members they have the right to refuse illegal orders violated his constitutional rights.
“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 it is to hold him – and this or any government – accountable. His unconstitutional crusade against me sends a chilling message to every retired member of the military: If you speak out and say something the President or the Secretary of Defense No For example, you will be censured, threatened with demotion, or even prosecuted,” Kelly said in a statement.
The senator’s lawsuit also names the Department of Defense, Secretary of the Navy John Phelan and the Department of the Navy as defendants.
Kelly alleges, among other things, that the actions taken against him violate his First Amendment right to free speech, the speech and debate clause that protects lawmakers, and his right to due process.
Senator Mark Kelly leaves after the Senate votes on the Venezuela War Powers Resolution at the US Capitol, January 8, 2026 in Washington.
Kevin Dietsch/Getty Images
ABC News has reached out to the Department of Defense for comment.
Hegseth censured Kelly on January 5 for “conduct [that] was seditious in nature”, referring to the video in which Kelly participated in November along with other Democrats who He previously served in the military or intelligence community.
Kelly and the five other Democrats involved in the video have defended that their message is in line with the Uniform Code of Military Justice and the Constitution.
Secretary of Defense Pete Hegseth speaks to the media after a briefing for the House of Representatives on the situation in Venezuela, at the Capitol in Washington, January 7, 2026.
Evelyn Hockstein/Reuters
The censure will result in a reduction in Kelly’s rank and retirement pay, a process Hegseth said would take 45 days. Kelly retired as a Navy captain and receives retirement benefits for his more than 20 years of service.
Kelly retired as a Navy captain and receives retirement benefits for his more than 20 years of service.
In an interview with ABC News after the censorship, Kelly said he “absolutely” would not have changed his message to U.S. troops about not following illegal orders.
“Let me make this perfectly clear, though, that Gabby and I are not people who back down,” Kelly said last Tuesday during an appearance with his wife, former Rep. Gabby Giffords, on “Good Morning America.” “Anything, any kind of fight.”
