Kelly v. Hegseth — Rule of Law (DC)
U.S. District Court for the District of Columbia
In This Resource
On Jan. 12, 2026, U.S. Sen. Mark Kelly sued Secretary of Defense Pete Hegseth and others, alleging that disciplinary measures taken against him amounted to “punishing disfavored expression” and “retaliating against protected speech,” in violation of his First Amendment and due process rights.
The punitive measures stem from a video that Kelly, a retired U.S. Navy captain, and other veterans serving in Congress published on social media, in which they urge members of the military and intelligence community to refuse to comply with illegal orders.
“Americans trust their military. But that trust is at risk,” the congressmembers said in the video. “This administration is pitting our uniformed military and intelligence community professionals against American citizens.”
In response, Hegseth formally censured Kelly and initiated proceedings within the Department of Defense to determine if his military rank and pay should be demoted in retirement.
Kelly’s lawsuit seeks to declare Hegseth’s actions unlawful and block the censure and any other further measures from taking effect.
On Jan. 20, 2026, 41 former military leaders—including former secretaries of the U.S. Army and Navy, retired senior officers, and Vet Voice Foundation—filed an amicus brief in the case supporting Kelly’s motion to temporarily block Hegseth’s disciplinary measures.
The group, represented by the States United Democracy Center and Protect Democracy Project, argues that the defendants’ actions, if allowed to stand, “would chill public participation by veterans around the country.” Their brief also argues that Kelly’s remarks that members of the military are obligated to not follow unlawful orders are a “restatement of a settled principle of military law” and do not warrant discipline by the Defense Department.
A hearing on Kelly’s motion to temporarily block the punitive measures is scheduled for Jan. 28, 2026, at 4 p.m. EST.
- Amicus brief (filed Jan. 20, 2026)
- Complaint (filed Jan. 12, 2026)
- CBS News: Trump administration investigates 5 Democratic lawmakers over their video message to troops. Here’s what we know. (Jan. 14, 2026)
- The Associated Press via Military.com: Sen. Kelly Sues the Pentagon Over Attempts to Punish Him, Declaring It Unconstitutional (Jan. 12, 2026)
- NPR: Sen. Mark Kelly fires back after Hegseth threatens his rank and retirement pay (Jan. 5, 2026)