Mark Kelly sues Pete Hegseth after being censured for 'illegal orders' video
U.S. Sen. Mark Kelly (R-AZ) leaves after the Senate voted on the Venezuela War Powers Resolution at the U.S. Capitol on January 08, 2026, in Washington, DC. (Photo by Kevin Dietsch/Getty Images)
PHOENIX - U.S. Senator Mark Kelly announced on Monday he has filed a lawsuit after being censured by Pete Hegseth for his participation in a social media video where he and other lawmakers called on troops to "refuse illegal orders."
What they're saying:
"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 wrote, in part, in an X post on Jan. 12.
Hegseth has not responded to Kelly's lawsuit.
Mark Kelly's full statement on the lawsuit
"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 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. From the moment I drove through the gates of Naval Air Station Pensacola, to when I was shot at over Iraq and Kuwait, to when I landed Space Shuttle Endeavour on its last mission, I gave everything I had to this country and I earned my rank of Captain, United States Navy.
Now, 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. That’s not the way things work in the United States of America, and I won’t stand for it.
In 1986, at just 22 years old, I took an oath to protect and defend the Constitution. I have fulfilled that oath every day since, but I never expected that I would have to defend it against a Secretary of Defense or President. But I’ve never shied away from a fight for our country, and I won’t shy away from this one. Because our freedom of speech, the separation of powers, and due process are not just words on a page, they are bedrock principles of our democracy that has lasted 250 years and will last 250 more as long as patriotic Americans are willing to stand up for our rights.
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."
‘You can refuse illegal orders’
The backstory:
Earlier this month, Hegseth announced he had issued a letter of censure to Kelly in response to a Nov. 18 social media video where Kelly and five other members of Congress told members of the military, "You can refuse illegal orders."
Hegseth said the Department of War would review Kelly's retirement rank and pay. Kelly is a retired Navy captain still receiving a military pension.
"The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay," Hegseth said in a statement.
Trump threatens Kelly with jail time
Dig deeper:
After the video was released, President Donald Trump threatened the lawmakers with jail time, saying the video was "seditious behavior, punishable by death."
"It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand - We won’t have a Country anymore!!! An example MUST BE SET," Trump wrote on Truth Social.
Sen. Mark Kelly: ‘I'm not backing down from the president and secretary of defense’
Democratic Senator Mark Kelly of Arizona says he is not backing down from President Trump and Defense Secretary Pete Hegseth after a formal censure letter was sent to Secretary of the Navy John Phelan to review the retired Navy captain's retirement rank and pay.
In December, the Pentagon announced it was launching a full command investigation into Kelly over allegations of "serious misconduct."
The Source: Information for this story was gathered from a statement by U.S. Senator Mark Kelly on Jan. 12, 2026, and FOX 10 reports on Jan. 5 and 7.