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Sen. Kelly sues DOD Sec. Hegseth, says he was punished for ‘disfavored political speech’

Sen. Mark Kelly challenges Defense Secretary Pete Hegseth's unprecedented military sanction effort following a video urging troops to refuse illegal orders, citing First Amendment violations.

  • On Monday, Sen. Mark Kelly filed a civil lawsuit naming Defense Secretary Pete Hegseth and the Department of Defense, seeking to block enforcement of punishment and set aside retirement status changes.
  • The November video prompted the Trump administration to label it 'seditious' and President Donald Trump suggested prosecution, while Pete Hegseth cited the video to justify downgrading Sen. Mark Kelly's retirement rank.
  • In a 46-page complaint, Kelly's lawyers argued the federal retirement-grade statute covers only active-duty conduct and invoked the First Amendment and Speech or Debate Clause of the Constitution.
  • Hegseth issued a formal censure and announced retirement-grade proceedings that could lower Captain Kelly's retired rank and pay, and place the censure in his official file.
  • Military law experts warn a Pentagon full of Trump supporters could bias outcomes, and Rachel VanLandingham said `The bottom line is, this is not lawful` regarding Hegseth's rank reduction attempt.
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Democratic Senator Mark Kelly announced Monday to file a complaint against US Defense Minister Pete Hegseth.

·Montreal, Canada
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arcamax.com broke the news in on Monday, January 12, 2026.
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