Sen. Mark Kelly files lawsuit against Hegseth over alleged retaliation

U.S. Sen. Mark Kelly of Arizona has filed a federal lawsuit against Defense Secretary Pete Hegseth and the Trump administration, alleging retaliation for protected speech and an unconstitutional effort to silence criticism, according to court filings.

Kelly, a retired Navy captain, alleges that the War Department issued a formal censure and threatened a review of his military retirement grade in response to his public statements critical of the administration. The lawsuit was filed on Monday in federal court in Washington, D.C.

The lawsuit states that the actions against Kelly stem from a November 2025 video in which he and five other members of Congress, all veterans or former national security officials, reminded service members of their legal obligation to refuse unlawful orders.

The complaint says President Trump and Defense Secretary Pete Hegseth publicly branded the group’s statements as “seditious” and “treasonous,” with Hegseth later referring to the lawmakers as the “Seditious Six.”

The Trump administration said that the video undermined military discipline and counseled disobedience, forming the basis for the Secretarial Letter of Censure and the initiation of proceedings to reduce Kelly’s retirement rank and pay.

“Donald Trump and Pete Hegseth sent a chilling message to every retired member of the military: if you speak out, say something, or the secretary of defense does not like, you’ll be censured, threatened with a reduction of retirement grade, or even prosecuted,” Kelly said in a video posted on his social media.

“They are abusing their authority to silence the voices that they find inconvenient, even when the speech is protected by the first amendment,” Kelly added. “That warning is not alarming, is unconstitutional, and that’s why I’m fighting back.”

The complaint seeks to block any effort to reduce Kelly’s retirement rank or benefits and asks the court to invalidate the censure.

“We are aware of the litigation. However, as a matter of policy, the Department does not comment on ongoing litigation,” a Pentagon spokesperson told Fox News correspondent Chad Pergram.