Senator Mark Kelly Sues US Defense Department Over Alleged Punitive Retribution

January 13, 2026 • Al Jazeera

Senator Mark Kelly Sues US Defense Department Over Alleged Punitive Retribution

US Senator Mark Kelly has filed a lawsuit against the Department of Defense and its secretary, Pete Hegseth, as well as the Department of the Navy and its secretary, John Phelan. The complaint alleges that the defendants have engaged in “punitive retribution” against Kelly due to his statements on free speech.

Kelly’s lawsuit was filed on Monday in the US district court in Washington, DC. He claims that he has been subjected to actions by the Department of Defense that infringe upon his constitutional right to free speech. The complaint names Hegseth and Phelan as defendants, along with the Department of Defense and the Department of the Navy.

Kelly’s lawsuit is related to a video released in November, which reminded military members of their responsibility to “refuse illegal orders”. The video was part of a campaign by six Democratic lawmakers, all veterans of the US armed services or its intelligence community. Kelly, a veteran himself, participated in the video and has since faced criticism from Republican President Donald Trump and his allies.

The Department of Defense had announced an investigation into Kelly’s statements shortly after the video was released. Hegseth later submitted a formal letter of censure against Kelly, accusing him of “conduct unbecoming of an office” and alleging that he had “undermined the chain of command”. The letter also suggested that Kelly could face demotion from his retirement rank and reduction in retirement pay.

Kelly has stated that he filed the lawsuit to defend his right to free speech. He described himself as a veteran who has served in the US Navy and was part of the NASA astronaut program before entering politics. His wife, former Representative Gabby Giffords, was shot in the head during an assassination attempt in 2011.

The lawsuit marks the latest development in the feud between Kelly and the Trump administration over his statements on free speech.

Source: Al Jazeera