US Sen. Kelly sues Defense Secretary Hegseth over censure for criticizing military operations

US Sen. Mark Kelly filed a lawsuit Monday against Defense Secretary Pete Hegseth, challenging a letter of censure and threatened demotion over the Arizona Democrat's public criticism of military operations.

"Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and this or any administration—accountable," Kelly said on the US social media company X.

The lawsuit, filed in US District Court for the District of Columbia, challenges a Secretarial Letter of Censure issued to Kelly by Hegseth on Jan. 5, citing "unlawful actions" under the Administrative Procedure Act, the US Constitution and military retirement statutes.

Kelly warned the action sends a "chilling" message to every retired member of the military that speaking out against the president or defense secretary could result in censure, threatened demotion or prosecution.

"So today, I filed a lawsuit against the Secretary of Defense because there are few things as important as standing up for the rights of the very Americans who fought to defend our freedoms," he said.

The lawsuit seeks immediate rescission of the censure, withdrawal of retirement grade proceedings and vacating of any other adverse actions.

Kelly's legal counsel said the censure violates the First Amendment, Speech or Debate Clause, separation of powers principles and due process rights while exceeding statutory authority.

Neither the Department of Defense nor Hegseth has immediately responded.

Kelly also filed a lawsuit agianst John Phelan in his official capacity as Secretary of the Navy.

LETTER OF CENSURE, THREATENED DEMOTION

Hegseth's letter censured Kelly for conduct deemed "prejudicial to good order and discipline," bringing "discredit" upon the military and "unbecoming" of an officer.

The censure targeted Kelly's sustained pattern of public statements between June and December 2025 that characterized US military operations as illegal and encouraged service members to refuse orders.

The defense secretary specifically cited a November video in which Kelly, along with five other lawmakers, addressed military members, urging them of refusing "illegal orders."

Hegseth determined Kelly's conduct undermines the chain of command, counsels disobedience, creates confusion about duty and brings discredit upon the armed forces.

The censure will be placed in Kelly's official military file, with Hegseth recommending reopening his retired grade determination, potentially reducing his rank. The letter warned Kelly remains subject to the Uniform Code of Military Justice and may face criminal prosecution or further administrative action.