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Sen. Kelly sues DOD Sec. Hegseth, says he was punished for ‘disfavored political speech’

Sen. Mark Kelly alleges Defense Secretary Hegseth's actions violate constitutional rights by retaliating against his protected speech, risking military pension and rank, lawsuit filed Jan 13.

  • On Monday, Sen. Mark Kelly filed a civil lawsuit naming Defense Secretary Pete Hegseth and the Department of Defense, seeking to block enforcement of punishment and set aside retirement status changes.
  • The November video prompted the Trump administration to label it 'seditious' and President Donald Trump suggested prosecution, while Pete Hegseth cited the video to justify downgrading Sen. Mark Kelly's retirement rank.
  • In a 46-page complaint, Kelly's lawyers argued the federal retirement-grade statute covers only active-duty conduct and invoked the First Amendment and Speech or Debate Clause of the Constitution.
  • Hegseth issued a formal censure and announced retirement-grade proceedings that could lower Captain Kelly's retired rank and pay, and place the censure in his official file.
  • Military law experts warn a Pentagon full of Trump supporters could bias outcomes, and Rachel VanLandingham said `The bottom line is, this is not lawful` regarding Hegseth's rank reduction attempt.
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US senator sues Pentagon's Hegseth over demotion threat

Democratic US senator Mark Kelly is suing the Pentagon over attempts to punish him for his warnings about illegal orders.

·City of Perth, Australia
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arcamax.com broke the news in on Monday, January 12, 2026.
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