Sen. Mark Kelly (D-AZ) filed a civil lawsuit against Secretary of War Pete Hegseth, alleging the Pentagon’s retaliation against him for his involvement in a video message to U.S. service members is unconstitutional. Kelly was one of six members of Congress to appear in a controversial video urging U.S. service members to “refuse illegal orders.” Hegseth announced “administrative action” against Kelly earlier this month, calling the video “reckless and seditious.” “Therefore, in response to Senator Mark Kelly’s seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret). 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. “To ensure this action, the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file,” he added. Department Of War Takes “Administrative Action” Against Sen. Mark Kelly Over “Reckless And Seditious Video” – Pete Hegseth Announces According to CBS News, the 46-page complaint argued the Democratic senator was the target of "extreme rhetoric and punitive retribution" by the Trump administration. Fox News shared a breaking alert: ? JUST IN: Traitorous Sen. Mark Kelly is now frantically SUING SecWar Pete Hegseth because Hegseth is punishing him for betraying America Kelly told the ENTIRE military to disobey the Commander-in-Chief and is now FAFOing HE MUST LOSE! Court-martial Mark Kelly! pic.twitter.com/VqdYNXHz6F — Eric Daugherty (@EricLDaugh) January 12, 2026 CBS News shared further: The Arizona Democratic senator alleged that he was punished for protected speech and said administration officials retaliated against him in violation of the First Amendment. Kelly also argued that his criticisms of Hegseth are at the core of the Constitution's Speech or Debate Clause, which provides immunity to lawmakers from criminal prosecutions or civil lawsuits that stem from legislative acts. "It appears that never in our nation's history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech," Kelly's legal team wrote in the complaint. "Allowing that unprecedented step here would invert the constitutional structure by subordinating the Legislative Branch to executive discipline and chilling congressional oversight of the armed forces." They said Kelly's public statements and legislative acts in response to the Trump administration's actions regarding the military are "significant matters of public concern" that fit within the First Amendment's protections and his oversight responsibilities as a senator. The senator's lawyers added that they believe there is no legal basis to take action against him based on "post-retirement political speech." Kelly said in a statement that Hegseth's efforts to punish him leave military veterans at risk of seeing their rank and pay downgraded years after they retire for making comments that he or other defense secretaries dislike. "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," Kelly said. "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," he continued. "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," Kelly concluded. 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… — Senator Mark Kelly (@SenMarkKelly) January 12, 2026 POLITICO has more: Kelly’s lawyers argue in the filing that the attacks from Hegseth “violate numerous constitutional guarantees and have no basis in statute” and “should proceed no further.” Kelly contends Hegseth and Trump’s attacks on him pointed toward a preordained outcome that deprived him of a legitimate opportunity to rebut the allegations against him. “If permitted to stand, the Secretary’s censure and the grade-determination proceedings that he has directed will inflict immediate and irreparable harm,” his lawyers wrote. “The Constitution does not permit the government to announce the verdict in advance and then subject Senator Kelly or anyone else to a nominal process designed only to fulfill it.” Kelly said he’s being targeted over commentary on issues that are central to his role as a lawmaker: the management of the military by Hegseth, legislation related to war crimes and the military justice system.