Sen. Mark Kelly Sues Hegseth Over a Push to Strip His Navy Rank After an 'Illegal Orders' Video

On January 12, 2026, Senator Mark Kelly of Arizona, a retired Navy captain and former astronaut, sued Defense Secretary Pete Hegseth in the U.S. District Court for the District of Columbia. The suit followed Hegseth's January 5 decision to open retirement grade determination proceedings against Kelly and issue him a letter of censure, stating that Kelly's position "does not exempt him from accountability." A completed demotion would reduce Kelly's retired rank and pension. The proceedings stemmed from a November 2025 video in which Kelly and other Democratic veterans told service members: "You can refuse illegal orders. You must refuse illegal orders."

Kelly's complaint alleges violations of the First Amendment, the Speech or Debate Clause and separation-of-powers principles. The dispute tests whether the executive branch can use military administrative discipline against a sitting legislator for political speech.

Kelly asked the court to vacate Hegseth's actions and bar further retaliation. In February 2026, a judge temporarily blocked the Pentagon from proceeding against him.