Sen. Mark Kelly Sues Pentagon After Hegseth Moves to Strip His Military Rank
WASHINGTON, D.C. — January 12, 2026 — U.S. Senator Mark Kelly (D-Ariz.) filed a federal lawsuit Monday against Defense Secretary Pete Hegseth and the Department of Defense, seeking to halt a disciplinary process that could strip him of his retired Navy rank and reduce his military pension.
The lawsuit challenges a rare Pentagon action known as a retirement grade determination, which was initiated after Kelly appeared in a November 2025 video with other Democratic veteran lawmakers urging service members to refuse illegal orders. The remarks referenced controversial National Guard deployments and military activity near Venezuela under the Trump administration.
Hegseth described the video as “seditious” and a threat to military discipline, prompting the censure process. Kelly argues the move violates his First Amendment rights, due process protections, and federal law governing retired officers, calling the action political retaliation meant to silence criticism.
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In a video posted Monday on X, Kelly said the Pentagon’s move sends a “chilling message” to retired service members — that speaking out against the president or defense secretary could result in punishment years after leaving the military. He said he is fighting not just for himself, but for the rights of all veterans.
Kelly has 30 days to appeal the censure internally, but the lawsuit seeks to stop the process entirely.
The case has sparked sharp division online and drawn rare bipartisan concern on Capitol Hill, with some Republican senators cautioning against penalizing protected speech by retired officers. Legal experts say the lawsuit could set a significant precedent for how the military treats political speech by retired service members.
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