Mark Kelly files lawsuit against Defense Secretary Pete Hegseth over military pay rights

'His unconstitutional crusade against me sends a chilling message to every retired member of the military', Mark Kelly wrote about Pete Hegseth on X
PUBLISHED JAN 12, 2026
Arizona Senator Mark Kelly sued Defense Secretary Pete Hegseth, challenging his censure as unconstitutional and harmful to veterans’ rights (Getty Images)
Arizona Senator Mark Kelly sued Defense Secretary Pete Hegseth, challenging his censure as unconstitutional and harmful to veterans’ rights (Getty Images)


WASHINGTON, DC: Arizona Senator Mark Kelly, who was recently subjected to a formal censure by Pete Hegseth, filed a lawsuit against the Defense Secretary on Monday, January 12.

The Senator announced his lawsuit on X, stating that there were only a few things as important as standing up for himself after being censured by Pete Hegseth for participating in a social media video that urged troops to refuse "illegal orders."

WASHINGTON, DC - DECEMBER 16: U.S. Sen. Mark Kelly (D-AZ) arrives for a closed door meeting on Capitol Hill on December 16, 2025 in Washington, DC. U.S. Secretary of War Pete Hegseth and U.S. Secretary of State Marco Rubio are headed back to Capitol Hill to speak with lawmakers as questions mount about strikes carried out by the U.S. military on suspected drug boats out of Venezuela ordered by the Trump Administration. (Photo by Chip Somodevilla/Getty Images)
Sen Mark Kelly (D-AZ) arrives for a closed-door meeting on Capitol Hill on December 16, 2025, in Washington, DC (Chip Somodevilla/Getty Images)

Mark Kelly accuses Pete Hegseth of violating fundamental rights

In a statement issued on X, Senator Mark Kelly wrote that the Secretary of Defense Pete Hegseth was targeting what Kelly had earned through his 25 years of military service.

He stated that Hegseth was violating his rights as an American, a retired veteran, and a US senator whose job was to hold himself and the Trump administration accountable.

“His unconstitutional crusade against me sends a chilling message to every retired member of the military,” Kelly wrote.

Kelly said that the Defense secretary wanted to come after anyone who attempted to speak up against the president. He added that they could censure, threaten with demotion, and even prosecute anyone who said anything Hegseth didn’t like. 

NEW YORK, NY - DECEMBER 15:  Fox News contributor Pete Hegseth arrives  at Trump Tower on December 1
Pete Hegseth arrives at Trump Tower on December 15, 2016, in New York City (Spencer Platt/Getty Images)

He further accused Pete Hegseth of wanting military veterans to live with a constant threat that they could be stripped of their rights and pension because he didn’t like what they had to say.

“That’s not the way things work in the United States of America, and I won’t stand for it,” Kelly wrote on X. 

Mark Kelly vows fearless fight against Trump and Pete Hegseth

Later in the post, Mark Kelly wrote that he had taken an oath to protect the American Constitution when he was only 22 years old. However, he never expected to have to defend it against the secretary of defense or the president.

GREENVALE, NEW YORK - DECEMBER 05: U.S. President-elect Donald Trump dances after speaking during the FOX Nation's Patriot Awards at the Tilles Center on December 05, 2024 in Greenvale, New York. President-elect Trump was in attendance for the Patriot awards where he was the recipient of the “Patriot of the Year
President-elect Donald Trump dances after speaking during the FOX Nation's Patriot Awards at the Tilles Center on December 05, 2024, in Greenvale, New York (Michael M Santiago/Getty Images)

“But I’ve never shied away from a fight for our country, and I won’t shy away from this one,” he stated. 

Kelly added that the fundamental right of freedom of speech, the separation of powers, and due process were the “bedrock principles” of American democracy. 

On January 5, the Department of War issued a statement on X, in which it stated that Mark Kelly and five other members of Congress had previously released a seditious video calling for troops to disobey orders. 

U.S. Secretary of Defense Pete Hegseth speaks to reporters during the White House Easter Egg Roll on the South Lawn of the White House on April 21, 2025 in Washington, DC. The White House said they are expecting thousands of children and adults to participate in the annual tradition of rolling colored eggs down the White House lawn, which was started by President Rutherford B. Hayes in 1878. (Photo by Anna Moneymaker/Getty Images)
Secretary of Defense Pete Hegseth speaks to reporters during the White House Easter Egg Roll on the South Lawn of the White House on April 21, 2025, in Washington, DC (Anna Moneymaker/Getty Images)

As a result of this, the Department of War, headed by Hegseth, had issued a formal letter of Censure for Kelly's "reckless misconduct."

"This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay," the post read.

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