Mark Kelly Files Lawsuit Against War Secretary Over Code Of Conduct Review

Senator Mark Kelly (D-AZ) announced on Monday that he’d filed a lawsuit jointly naming War Secretary Pete Hegseth, Navy Secretary John Phelan, the Department of the Navy, and the War Department as defendants.

In the lawsuit, filed Monday in the U.S. District Court in Washington, D.C., Kelly claimed that Hegseth had overstepped his constitutional boundaries by ordering a Uniform Code of Military Justice review following his participation in the “Seditious Six” video.

“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 claimed. “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.”

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. His unconstitutional…

— Senator Mark Kelly (@SenMarkKelly) January 12, 2026

Kelly spent the rest of the lengthy post reminding his audience that “military rank is earned, not given” and listing his personal accomplishments — particularly those that showcased his willingness to risk his life for those he served.

“I gave everything I had to this country and I earned my rank of Captain, United States Navy,” Kelly said, adding, “Now, Pete Hegseth wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay years or even decades after they leave the military just because he or another Secretary of Defense doesn’t like what they’ve said. That’s not the way things work in the United States of America, and I won’t stand for it.”

Kelly went on to recall his oath to defend the Constitution and claimed that his lawsuit was simply the next phase of that mission: “Our freedom of speech, the separation of powers, and due process are not just words on a page.”

“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.

Hegseth moved to officially censure Kelly in early January, launching a review of Kelly based on his role in creating a video that encouraged active duty service members to question the legality of their orders in real time.

Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline. As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he…

— Secretary of War Pete Hegseth (@SecWar) January 5, 2026

“Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action,” Hegseth said at the time. “These actions are based on Captain Kelly’s public statements from June through December 2025 in which he characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders. 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.”