Sen. Kelly sues defense chiefs over alleged First Amendment retaliation

Sen. Mark Kelly filed a lawsuit against Defense Secretary Pete Hegseth and related Defense Department officials, arguing that actions taken in response to his and fellow lawmakers’ criticisms violated his First Amendment rights, the Speech and Debate Clause, and several related statutes (including rules on retired officers’ ranks and the Administrative Procedure Act). The suit follows Hegseth’s January censure of Kelly after a veterans’ video urging military personnel to refuse illegal orders, and frames the dispute as part of broader tensions over congressional oversight and political influence within the military. Kelly, a retired Navy officer and astronaut, defends his speech as Constitutionally protected and warns that allowing such executive actions could undermine a coequal Congress. The piece also references ancillary reports on war-law issues, such as perfidy in a 2025 Venezuelan-boat attack, to illustrate ongoing civil-military tensions.
- January 12, 2026 Letters from an American | Heather Cox Richardson | Substack
- Kelly Sues Pentagon Over Threats of Punishment From Hegseth The New York Times
- Mark Kelly sues Pete Hegseth over efforts to reduce his military retirement rank NBC News
- Kelly sues Hegseth over effort to punish him for anti-Trump video Politico
- Sen. Mark Kelly sues Hegseth over censure, potential demotion The Washington Post
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