Democratic Sen. Mark Kelly on Monday filed a lawsuit in opposition to Secretary of Protection Pete Hegseth arguing that Hegseth’s censure of him last week over his inclusion in a social media video that instructed U.S. service members they’ve a proper to refuse illegal orders violated his constitutional rights.
“Pete Hegseth is coming after what I earned by my twenty-five years of navy service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to carry him — and this or any administration — accountable. His unconstitutional campaign in opposition to me sends a chilling message to each retired member of the navy: if you happen to converse out and say one thing that the President or Secretary of Protection doesn’t like, you’ll be censured, threatened with demotion, and even prosecuted,” Kelly stated in a press release.
The senator’s lawsuit additionally names the Division of Protection, Secretary of the Navy John Phelan and the Division of the Navy as defendants.
Kelly alleges, amongst different issues, that actions taken in opposition to him violate his First Modification proper to free speech, the speech and debate clause that protects lawmakers and his proper to due course of.
Sen. Mark Kelly leaves after the Senate voted on the Venezuela Conflict Powers Decision on the U.S. Capitol, January 08, 2026 in Washington.
Kevin Dietsch/Getty Photographs
ABC Information has reached out to Division of Protection for remark.
Hegseth censured Kelly on Jan. 5 for “conduct [that] was seditious in nature,” referring to the video Kelly participated in in November alongside different Democrats who beforehand served within the navy or within the intelligence group.
Kelly and the opposite 5 Democrats concerned within the video have defended their message as being in step with the Uniform Code of Navy Justice and the Structure.
Protection Secretary Pete Hegseth speaks to the media after a briefing for the Home of Representatives on the state of affairs in Venezuela, on Capitol Hill in Washington, January 7, 2026.
Evelyn Hockstein/Reuters
The censure will end in a discount in rank and Kelly’s retirement pay, a course of Hegseth stated would take 45 days. Kelly retired as a Navy captain and receives retirement advantages for his greater than 20 years of service.
Kelly retired as a Navy captain and receives retirement advantages for his greater than 20 years of service.
In an interview with ABC News after the censure, Kelly stated he nonetheless would “completely not” have modified his message to U.S. troops about not following unlawful orders.
“Let me make this completely clear, although, that Gabby and I should not those who again down,” Kelly stated final Tuesday throughout an look together with his spouse, former Rep. Gabby Giffords, on “Good Morning America.” “From something, from any type of battle.”
