0:39Sen. Mark Kelly departs after the Senate voted on the Venezuela War Powers Resolution at the U.S. Capitol, January 08, 2026 in Washington.Kevin Dietsch/Getty Images
On Monday, Democratic Sen. Mark Kelly initiated a lawsuit against Secretary of Defense Pete Hegseth, claiming that Hegseth’s censure of him last week regarding his participation in a social media video advising U.S. service members about their rights to refuse unlawful orders infringed upon his constitutional rights.
"Pete Hegseth is targeting what I earned through my twenty-five years of military service, infringing upon my rights as an American citizen, a retired veteran, and a United States Senator whose responsibility is to hold him — and this or any administration — accountable. His unconstitutional campaign against me delivers a daunting message to every retired military personnel: if you voice an opinion that the President or Secretary of Defense disapproves of, you will face censure, threats of demotion, or even legal action," Kelly stated in a press release.
The senator’s lawsuit also includes the Department of Defense, Secretary of the Navy John Phelan, and the Department of the Navy as defendants.
Kelly contends, among other allegations, that the actions taken against him breach his First Amendment right to free speech, the speech and debate clause that safeguards lawmakers, and his right to due process.
Sen. Mark Kelly departs after the Senate voted on the Venezuela War Powers Resolution at the U.S. Capitol, January 08, 2026 in Washington.Kevin Dietsch/Getty Images
ABC News has reached out to the Department of Defense for a response.
On January 5, Hegseth censured Kelly for "conduct [that] was seditious in nature," referencing the video in which Kelly appeared in November alongside other Democrats with prior military or intelligence experience.
Kelly and the other five Democrats involved in the video have defended their message as being consistent with the Uniform Code of Military Justice and the Constitution.
Defense Secretary Pete Hegseth addresses the media following a briefing for the House of Representatives concerning the situation in Venezuela, on Capitol Hill in Washington, January 7, 2026.Evelyn Hockstein/Reuters
The censure will lead to a reduction in rank and a decrease in Kelly’s retirement pay, a process Hegseth indicated would take 45 days. Kelly retired as a Navy captain and receives retirement benefits for his service exceeding 20 years.
Kelly retired as a Navy captain and receives retirement benefits for his service exceeding 20 years.
In an interview with ABC News following the censure, Kelly asserted he still would "absolutely not" alter his message to U.S. troops regarding illegal orders.
"Let me make this perfectly clear, though, that Gabby and I are not individuals that retreat," Kelly stated last Tuesday during an appearance with his wife, former Rep. Gabby Giffords, on "Good Morning America." "From anything, from any type of conflict."
Sourse: abcnews.go.com