Sen. Mark Kelly (D-AZ) has filed a lawsuit to stop Defense Secretary Pete Hegseth from going after his Navy rank for his participation in a video that Donald Trump called “seditious.”
In his lawsuit filed in federal court in Washington, D.C. today, Kelly is asking a judge to deem the censure illegal and prohibit Hegseth from moving forward with the demotion process.
Donald Trump and Pete Hegseth have tried to silence me for speaking out.
Today, I’m fighting back because this isn’t just about me. This is about the rights of all retired veterans and all Americans, and I’m not going to let this Administration take those away. pic.twitter.com/7UAlwZVH1M
— Captain Mark Kelly (@CaptMarkKelly) January 12, 2026
Good for Kelly. He did nothing wrong in the video. He and five other Democrats just reminded military members that they don’t have to carry out illegal orders. They didn’t point to any specific orders or from who.
Here’s the video as a reminder:
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
In a statement posted to X, Kelly says the Trump administration’s efforts to punish him by demoting his military status as a retired Navy captain “sends a chilling message to every retired member of the military.”
“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,” Kelly wrote in his statement.
“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,” he added.
More via Axios:
In November, Kelly appeared in a video with five other Democratic lawmakers, reminding military and service members they could disobey unlawful orders.
Donald Trump took to social media calling the video “SEDITIOUS BEHAVIOR, punishable by DEATH,” and the Pentagon opened a military investigation into Kelly.
Last week, Hegseth dispatched a Letter of Censure against Kelly, and began the process to demote his rank and threatened criminal prosecution if the senator didn’t change his behavior.
Read more here.
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
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