By Micah Jonah
January 13, 2026
US Senator, Mark Kelly has filed a lawsuit against Defense Secretary, Pete Hegseth, accusing the Pentagon of violating his constitutional right to free speech through efforts to demote him from his retired US Navy captain rank.
Kelly, a retired Navy captain and former astronaut representing Arizona, filed the suit on Monday in a federal court in Washington. He argues that the Pentagon’s actions were retaliatory and breached the First Amendment after he publicly urged service members to reject unlawful orders.
The lawsuit seeks to block the demotion review initiated by Hegseth and asks the court to declare the action unlawful. US District Judge Richard Leon has scheduled a hearing for Thursday to consider Kelly’s request for a temporary restraining order.
The dispute stems from a November video in which Kelly reminded troops of their legal obligation to refuse illegal orders, stating, “Our laws are clear: you can refuse illegal orders.” The remarks came amid growing criticism from Democrats over President Donald Trump’s decisions to deploy the National Guard in US cities and authorise lethal strikes on boats suspected of drug smuggling from Latin America.
On January 5, Hegseth issued a censure letter accusing Kelly of “conduct unbecoming an officer,” citing both the video and Kelly’s public criticism of military leadership.
In a statement on Monday, Kelly said the move sends a chilling message to retired military personnel, warning that speaking out against decisions by the president or defence secretary could result in censure, demotion or prosecution.
The Pentagon confirmed awareness of the lawsuit but declined to comment, citing pending litigation.
Hegseth’s action against Kelly comes amid a broader shakeup at the Pentagon during Trump’s second term, which has seen the removal of several senior military leaders, including the chairman of the Joint Chiefs of Staff, the Navy’s top officer and the director of the National Security Agency.
