A sitting United States senator has taken the Department of War to federal court after the Pentagon moved to strip him of his military rank over statements he made regarding military orders.
Sen. Mark Kelly (D-AZ) filed a lawsuit Monday in the US District Court for the District of Columbia against Secretary of War Pete Hegseth, Secretary of the Navy John Phelan and both the Department of War and Department of the Navy.
The legal action comes after the Pentagon initiated proceedings to reduce Kelly’s retirement rank from Navy Captain.
The controversy stems from a video released in late 2025 that critics have labeled the “Seditious Six.”
In the video, Kelly and several other lawmakers urged active duty military personnel to refuse what they characterized as illegal orders.
Kelly’s legal filing argues that the Pentagon’s actions represent a direct violation of his First Amendment rights.
The complaint states that government officials are prohibited from punishing individuals for protected speech, particularly when legislators address matters of public policy.
The lawsuit emphasizes what Kelly describes as an unprecedented overreach by the Executive Branch.
According to the filing, no previous instance exists in American history where the military imposed sanctions on a sitting Member of Congress for political expression.
Kelly maintains that allowing such actions would fundamentally alter the constitutional balance of power.
The lawsuit argues this would place the Legislative Branch under executive control and discourage congressional oversight of the armed forces.
On Jan. 5, Kelly received a “Secretarial Letter of Censure” from Secretary Hegseth.
The letter accused Kelly of undermining the military chain of command and counseling disobedience among service members.
Hegseth’s letter further charged Kelly with “conduct unbecoming an officer” based on statements the senator made beginning in June.
Following this determination, the Department of the Navy commenced formal proceedings to reconsider Kelly’s retirement rank.
The potential reduction in rank would affect Kelly’s military grade and retirement pay, despite the fact that he retired from naval service nearly fifteen years ago.
The Navy Department has explicitly stated it is acting on Hegseth’s directive in pursuing these proceedings.
Kelly’s lawsuit challenges the basis for the censure letter.
The complaint notes that Hegseth cited Kelly’s statements about military law principles and concerns regarding potential war crimes.
These topics fall directly within the legislative jurisdiction of committees where Kelly serves.
The secretary’s letter also highlighted Kelly’s criticism of the removal of admirals and generals from their positions.
These personnel decisions involved senior defense officials over whom Senate committees exercise oversight authority and whose appointments require Senate confirmation.
Kelly argues these subjects represent core legislative responsibilities protected under the Speech or Debate Clause.
This constitutional provision provides immunity for legislative acts performed by members of Congress.
Beyond First Amendment concerns, Kelly’s lawsuit raises due process violations.
The complaint points to public statements from the President accusing Kelly of sedition and treason while demanding punishment.
According to the filing, Secretary Hegseth amplified these accusations, announced an investigation, and issued a censure letter that conclusively determined Kelly’s speech violated military standards.
Kelly contends that any subsequent review process cannot be fair given these pre-determined conclusions.
The lawsuit states that announcing a verdict before conducting a formal review violates constitutional protections against predetermined outcomes designed merely to fulfill political objectives.
