Senator Mark Kelly of Arizona filed a lawsuit Monday against Secretary of War Pete Hegseth, challenging efforts to censure the senator and reduce his military retirement rank. The dispute stems from Kelly’s involvement in the “Seditious Six” controversy, in which several sitting Democratic lawmakers allegedly encouraged members of the U.S. military and intelligence community to disregard what they described as “illegal” orders from President Trump, without specifying which actions they believed were unlawful.
In response, Pete Hegseth called for an investigation into Kelly’s conduct, urging the Department of War to review his record and consider a reduction in his retirement rank, a move that would lower Sen. Kelly’s retirement pay.
NEW: Sen. Mark Kelly (D-AZ) has filed a federal civil lawsuit against Defense Secretary Pete Hegseth pic.twitter.com/D3xtNP4uB3
— Scott MacFarlane (@MacFarlaneNews) January 12, 2026
🚨 JUST IN: Traitorous Sen. Mark Kelly is now frantically SUING SecWar Pete Hegseth because Hegseth is punishing him for betraying America
— Eric Daugherty (@EricLDaugh) January 12, 2026
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
Sen. Kelly contends that the Pentagon’s effort to downgrade his retirement rank and military pension would “trample on protections” the Constitution provides for legislative independence, arguing that the executive branch has never before attempted to impose military sanctions on a sitting U.S. lawmaker for engaging in “disfavored political speech.”
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the complaint reads. “That prohibition applies with particular force to legislators speaking on matters of public policy.”
Recommended
In a post on X, Senator Kelly wrote:
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.
"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 added.
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.
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
Editor's Note: Thanks to President Trump and War Secretary Pete Hegseth's leadership, the warrior ethos is coming back to America's military.
Help us report on Trump and Hegseth's successes as they make our military great again. Join Townhall VIP and use promo code FIGHT to receive 60% off your membership.
Join the conversation as a VIP Member