January 13 2026. U.S. Senator Mark Kelly filed a lawsuit on Monday. He is a Navy captain and a former NASA astronaut from Arizona. Senator Mark Kelly is taking action, against Defense Secretary Pete Hegseth, the Department of Defense the Department of the Navy and Navy Secretary John Phelan. Senator Mark Kelly wants to stop what he thinks is an attempt to punish him. This attempt includes censuring Senator Mark Kelly taking away his military rank and reducing the money he gets from his retirement.
The problem started with a video that came out in November. This video showed Kelly and five other Democratic lawmakers who used to be in the military or work in intelligence. They told the people in the U.S. Military that they have to follow the law and not do anything that’s against the law. They made this video when people were really worried about what the Trump administration was doing with the military. For example they were sending National Guard troops to cities in the United States. Attacking boats near Venezuela that they thought were smuggling drugs. The video reminded U.S. Service members, like the people in the military that they have a duty to refuse orders that’re not lawful. Kelly and the other Democratic lawmakers with military or intelligence backgrounds wanted to make sure that the people, in the military knew what they had to do.
President Donald Trump said the video is very bad and people can even be put to death for doing something like that. He wrote this on Truth Social. Around the time Hegseth wrote a formal letter to Kelly on January 5 2026. In this letter Hegseth said Kelly did not behave like an officer should. Hegseth also said Kelly did not listen to the people in charge and he said some things that the military doesre illegal which is not true.
Hegseth started some proceedings, against Kelly, which is allowed by law, specifically 10 U.S.C. § 1370(F). If this happens Kelly might not be a captain anymore. He might not get as much money when he retires from the military. President Donald Trump and Hegseth are taking these actions because of the video. What Kelly said about the military operations of President Donald Trump. The Pentagon is saying that if people keep making statements like that they will be taken to court and might even be prosecuted. The Pentagon is very serious about this. They are warning that people could face a court-martial. This means that The Pentagon is giving a warning to everyone that if similar statements continue there will be serious consequences, from The Pentagon.
The complaint that Kellys lawyers filed in the U.S. District Court in Washington, D.C. Is 46 pages long. In this complaint Kellys lawyers say that what is happening to Kelly is not fair. They think it goes against Kellys right to say what he wants which is protected by the First Amendment. Kellys lawyers also believe that the Speech or Debate Clause is being violated. This clause is supposed to protect the people who make laws from being bothered. They say the government is being mean to Kelly because of what he said.
Kellys lawyers think the government is doing this to punish Kelly for saying things that the government does not like. The government should not be able to punish Kelly for what he says especially after he retires. Kellys lawyers say that the people, in charge of the country cannot just punish a member of Congress for what he says after he is done working.
Kelly said something important in a statement. He said the Presidents actions, against him are not right and they will scare a lot of retired people. Kelly said if you are a military person and you say something that the President or Secretary of Defense does not like you might get in trouble. You might even get. Prosecuted.
Kelly also said that the rank and pay that military people get are because of the work they do and the sacrifices they make. He said these things should not be taken away just because someone does not agree with your views especially after you have already served your country. Kelly wants people to know that rank and pay are earned through being a leader and taking risks not just given and then taken away for political reasons.
People who know about the law say that what happened to Hegseth is not going to work. They are talking about reports from Axios and other places. These experts say that for something to affect the retirement grade it usually has to happen while the person is still serving. Eugene Fidell, a scholar from Yale Law School thinks that the court will make a decision quickly and it will be in Kellys favor. The taxpayers might even have to pay for Kellys lawyer fees. Annie Morgan, a lawyer who defends people in the military says that what is being done to Hegseth is clearly, about politics and it is hurting the fairness of the military justice system. The law experts are saying that Hegseths situation is basically over before it even started.
The person who speaks for the Pentagon said they know about the lawsuit. They do not want to talk about it right now. U.S. District Judge Richard Leon is going to have a hearing, on Thursday about Kellys request to stop the proceedings for a while. Kelly wants the court to give them an order to halt the proceedings. The Pentagon is involved in this lawsuit. The court is going to decide what to do next.
The situation is getting worse between the Trump administration and the Democrats in Congress when it comes to the military and what people can say. Kelly talked about this on the Senate floor on Monday. He said that if the demotion happens it will give defense secretaries the power to punish retired veterans for having different opinions and it does not matter which party they belong to. The Trump administration and congressional Democrats are having a disagreement, about military policy and free speech.
This article draws from reports by Reuters, Axios, NBC News, The Washington Post, CBS News, The Hill, and BBC, published January 12–13, 2026. All details reflect publicly available information as of January 13, 2026.
