Senator Mark Kelly, a retired Navy captain, has filed a lawsuit against Secretary of Defense Pete Hegseth and others, alleging unconstitutional threats to his military rank and benefits. The action stems from a video Kelly helped produce in November, urging service members to refuse illegal orders. Hegseth responded by calling Kelly worried and cranky for facing accountability.
In November 2025, Senator Mark Kelly (D-AZ) and five other Democratic lawmakers with military or intelligence backgrounds released a 90-second video warning of threats to the Constitution and reminding service members that 'our laws are clear—you can refuse illegal orders. … You must refuse illegal orders.' The message came amid President Donald Trump's threats toward Venezuela, though it did not name him or his policies directly.
Trump quickly condemned the video as 'SEDITIOUS BEHAVIOR FROM TRAITORS … punishable by DEATH!' and added, 'HANG THEM GEORGE WASHINGTON WOULD!' Last week, Secretary of Defense Pete Hegseth, referring to the group as 'The Seditious Six,' issued a formal letter of censure against Kelly—the only participant still subject to the Uniform Code of Military Justice (UCMJ) as a retired Navy captain with 25 years of service. The censure initiates a review that could lead to demotion, reduced benefits, recall to active duty, or court-martial.
On Monday, January 12, 2026, Kelly sued Hegseth, Navy Secretary John Phelan, the Department of Defense, and the Department of the Navy in federal court. He claims the actions violate his rights as an American, veteran, and senator, and seeks to block any punishment. In a statement, Kelly said: 'Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights... 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, 'That’s not the way things work in the United States of America, and I won’t stand for it.'
Hegseth fired back on January 13 via social media: ''Captain' Kelly knows exactly what he did, and that he will be held to account. Thats why he’s so worried and cranky.' Legal experts, including Yale's Eugene Fidell, argue the case against Kelly is baseless. Retired officers cannot be demoted for post-retirement speech, and the video merely restates military law obligations. Even if pursued, a court-martial is unlikely to succeed, and any demotion order could be overturned in federal court, potentially demoralizing the military.
Kelly's suit highlights tensions over free speech for veterans amid politicized threats, though broader resistance to administration policies remains limited.
