January 12, 2026
Sen. Mark Kelly sues Pentagon over benefits threats
Executive branch threatens senator's military benefits for legislative oversight
📜Constitutional Law🏛️Government🛡️National Security
Senator 
Mark Kelly filed a lawsuit on January 12, 2026, against Defense Secretary Pete Hegseth, the Department of Defense, Navy Secretary John Phelan, and the Department of the Navy to block efforts to reduce his military retirement rank and pay. The Pentagon launched administrative action against Kelly—a retired Navy captain and astronaut—in response to a November 2025 video where Kelly and five other Democratic lawmakers urged service members to refuse unlawful orders. Hegseth issued a formal censure letter stating proceedings could demote Kelly's rank, reduce his retirement pay within 45 days, and potentially recall him to active duty for court-martial. Kelly argues the action violates his First Amendment rights, the Speech or Debate Clause, and due process. The Pentagon investigation escalated to a formal command phase in December 2025. Kelly had a prominent career as a NASA astronaut before being elected to the U.S. Senate for Arizona in 2020.
Senator Mark Kelly filed a civil lawsuit on January 12, 2026, in Washington D.C. federal court against Defense Secretary Pete Hegseth, the Department of Defense, Navy Secretary John Phelan, and the Department of the Navy. The suit seeks to block the Pentagon from reducing his retired military rank and pension.
The Pentagon launched administrative action against Kelly—a retired Navy captain and former astronaut—in response to a November 2025 video where Kelly and five other Democratic lawmakers told service members they have the right and duty to refuse illegal orders. Hegseth and President Trump characterized the video as "sedition" and "treason."
Defense Secretary Hegseth issued a formal letter of censure against Kelly that initiates proceedings to reduce his retired grade and corresponding retirement pay. Hegseth stated the process would take 45 days to reduce Kelly's rank and pension. The censure also opens the possibility of recalling Kelly to active duty for court-martial.
Kelly argues the Pentagon's actions violate his First Amendment right to free speech, the Speech or Debate Clause protecting congressional members' statements, and his right to due process. His attorneys assert that any proceeding against him for protected speech would be unconstitutional and an abuse of power.
The Pentagon escalated its investigation into Kelly to a formal "official Command" phase on December 16, 2025, citing "serious allegations of misconduct." Kelly is the only lawmaker from the original video still under Pentagon jurisdiction because he remains a retired service member subject to the Uniform Code of Military Justice.
Kelly stated the Pentagon's action sends a "chilling message" to all retired military members about speaking out against the Secretary of Defense or the President. He emphasized he earned his rank through decades of service including combat missions and four spaceflights, and plans to fight the demotion vigorously.
Legal experts expressed doubt the Pentagon has authority to reduce a retired officer's rank outside of a court-martial proceeding, calling such action "beyond the pale." Kelly's lawyers warned on December 15 that they were prepared to take legal action if the administration continued its "unprecedented and dangerous overreach" in any forum—criminal, disciplinary, or administrative.
📜Constitutional Law🏛️Government🛡️National Security
People, bills, and sources
Mark Kelly
U.S. Senator (D-AZ), Retired Navy Captain
Pete Hegseth
Secretary of Defense
Stephen Miller
White House Senior Adviser
Tammy Duckworth
U.S. Senator (D-IL), Retired Army Lieutenant Colonel
Neal Katyal
Former U.S. Solicitor General, Kelly's Lead Attorney
Stephen Vladeck
Georgetown Law Professor
Jason Crow
U.S. Representative (D-CO), Former Army Ranger
Steven J. Lepper
Retired Major General, International Law Expert
What You Can Do
1
civic action
Contact Senate Armed Services Committee to demand hearing on executive retaliation against Congress
The Senate Armed Services Committee oversees the Defense Department and can hold hearings on Hegseth's censure of Kelly. Committee members need to hear about this separation of powers violation.
Hi, I'm calling to demand the Armed Services Committee hold hearings on Defense Secretary Hegseth's censure of Sen. Kelly.
Key points to mention:
- Hegseth threatened Kelly's military rank and $120,000 retirement pay for congressional oversight video
- Kelly and nine other veteran lawmakers warned troops about duty to refuse unlawful orders
- White House adviser Miller called congressional oversight 'insurrection'
- Speech or Debate Clause protects Congress from executive retaliation for legislative activities
Questions to ask:
- Will the committee investigate Hegseth's use of military sanctions against sitting senators?
- What actions will the committee take to protect congressional independence?
- Will the committee hold hearings on reports of U.S. military war crimes in Venezuela?
Specific request: I want oversight hearings on executive retaliation against Congress and legislation protecting lawmakers' military benefits from political punishment.
Thank you.
2
civic action
Submit amicus brief supporting Kelly's constitutional arguments
Veterans organizations, civil liberties groups, and constitutional law experts can file friend-of-the-court briefs supporting Kelly's separation of powers arguments.
Organizations interested in filing amicus briefs should:
Key legal arguments to support:
- Speech or Debate Clause (Article I, Section 6) protects congressional oversight from executive retaliation
- First Amendment protects political speech even by retired military officers
- Separation of powers prevents executive from punishing Congress for legislative duties
- Applying UCMJ to sitting Congress members violates constitutional structure
Evidence to cite:
- No precedent for executive branch imposing military sanctions on Congress members for oversight
- Prof. Vladeck: allowing this would permit IRS audits for tax votes, HHS sanctions for health votes
- Sen. Duckworth: 'unprecedented assault on congressional independence'
Filing deadline: Amicus briefs typically due 30 days after defendants file response to complaint.
Contact the court clerk for specific filing procedures and deadlines.
3
civic action
Contact House Armed Services Committee to demand investigation of Venezuela war crimes
Maj. Gen. Lepper's revelation that U.S. military used disguised civilian aircraft validates Kelly's warning about unlawful orders. Committee should investigate.
Hi, I'm calling to demand the Armed Services Committee investigate reports of U.S. military war crimes in Venezuela.
Key points to mention:
- New York Times reported U.S. military used aircraft disguised as civilian plane in Venezuela attack
- Retired Maj. Gen. Lepper said this constitutes 'perfidy,' a war crime under international law
- Defense Dept manual states aircraft not identifiable as combatant shouldn't engage in combat
- This validates Sen. Kelly's warning that troops must evaluate order lawfulness
Questions to ask:
- Will the committee hold classified briefings on Venezuela operations?
- What oversight exists to prevent military from violating international law?
- Will the committee investigate other potential violations in the 35 Venezuela attacks?
Specific request: I want immediate hearings on Venezuela operations and enhanced oversight of military compliance with international law.
Thank you.