Kelly sues Hegseth, Pentagon over censure

WASHINGTON, DC - JANUARY 06: Sen. Mark Kelly (D-AZ) moves through the hallways of the U.S. Capitol on January 06, 2026 in Washington, DC. The media asked senators about the ongoing situation in Venezuela and President Trump's remarks on Greenland. (Photo by Heather Diehl/Getty Images)

Sen. Mark Kelly (D-Ariz.) moves through the hallways of the U.S. Capitol building

(Image credit: Heather Diehl/Getty Images)

What happened

Sen. Mark Kelly (D-Ariz.) on Monday sued Defense Secretary Pete Hegseth and the Pentagon over the Trump administration’s retaliation for his appearance in a video reminding military members of their obligation to reject illegal orders. Kelly, a retired Navy captain, is asking a federal court to block Hegseth’s “unlawful and unconstitutional” bid to reduce his rank and pension and other threatened punishments “for engaging in disfavored political speech.”

Who said what

Kelly’s lawsuit “seeks to reverse the administrative rebuke” from Hegseth, the Arizona Republic said, “but it could also establish new clarity on whether the Pentagon can invoke military law to effectively limit what a senator who oversees that agency can say.” The lawsuit says the First Amendment’s free speech guarantee “applies with particular force to legislators speaking on matters of public policy.”

It is “rare, if not jarring,” for a sitting senator to sue the defense secretary, The Associated Press said, but Kelly is the latest of several lawmakers to “push back against what they see as an out-of-control executive branch.” Hegseth “wants our longest-serving military veterans to live with the constant threat that they could be deprived of their rank and pay” because he or a future defense secretary “doesn’t like what they’ve said,” Kelly said in a statement. “That’s not the way things work in the United States of America, and I won’t stand for it.”

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What next?

U.S. District Judge Richard Leon has scheduled a Thursday hearing on Kelly’s request for a temporary restraining order, and the “next steps in the case” could “come quickly,” The Washington Post said. Hegseth directed Kelly to respond to his censure by Jan. 20, but the senator’s lawyers are asking Leon to block the proceedings from moving forward while his challenge is litigated.

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Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.