Mark Kelly vs Pete Hegseth Lawsuit: Senator Sues Pentagon Over 'Retribution'
Senator Mark Kelly has sued Secretary Pete Hegseth and the Pentagon over 'punitive retribution' following his comments on military ethics. Learn more about the Mark Kelly vs Pete Hegseth lawsuit 2026.
A decorated veteran who once fought for global freedom is now fighting his own government for his civil liberties. On January 12, 2026, Democratic Senator Mark Kelly filed a lawsuit against the Department of Defense and Secretary Pete Hegseth, alleging a campaign of 'punitive retribution' aimed at silencing his political speech.
The Mark Kelly vs Pete Hegseth Lawsuit Background
The legal battle stems from a November 2025 video featuring Kelly and five other veteran lawmakers. In the clip, they reminded service members of their duty to refuse illegal orders—a statement the Trump administration quickly branded as 'seditious.' Since then, the Pentagon has opened investigations into Kelly, a retired Navy Captain, threatening him with a court-martial and rank demotion.
A Clash Over Free Speech and Military Discipline
Kelly's lawsuit argues that the administration's actions violate his First Amendment rights and represent an unprecedented attack on legislative independence. According to the filing, never in U.S. history has the Executive Branch imposed military sanctions on a member of Congress for engaging in political speech. Kelly emphasizes that his rank was earned through 25 years of service and shouldn't be used as a political bargaining chip.
Secretary Hegseth's crusade sends a chilling message to every retired member of the military: if you speak out and say something the President doesn't like, you will be threatened with demotion or prosecution.
On the other side, Secretary Hegseth maintains that Kelly's video was 'clearly intended to undermine good order and military discipline.' Hegseth argues that as long as retired officers receive a pension, they remain accountable to the Department of War—now known as the Department of Defense—and must maintain standards of conduct becoming of an officer.
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