Sen. Mark Kelly sues Hegseth and Defense Department, alleging retaliation over video about illegal orders

Sen. Mark Kelly (D-AZ) filed a federal civil lawsuit against Defense Secretary Pete Hegseth Monday, saying the Defense Department's retaliation against him for a video message to U.S. service members is unconstitutional.

Kelly, a retired U.S. Navy Captain and a former astronaut, was one of several lawmakers who appeared in a video released in November of 2025.

"Our laws are clear: You can refuse illegal orders," Kelly says in the video.

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After the video was released, the suit states, "President Trump and Secretary Hegseth publicly branded [Kelly's] statements as 'sedition' and 'treason,' and warned that there would be consequences."

"This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP??? President DJT," the president wrote at the time.

"SEDITIOUS BEHAVIOR, punishable by DEATH!" The president wrote in a follow-up message.

The new lawsuit alleges Hegseth said the Defense Department would cut Kelly's retirement pay in response to the video.

"The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech," the new lawsuit states. "That prohibition applies with particular force to legislators speaking on matters of public policy."

The lawsuit seeks to have Hegseth and the Defense Department's actions against Kelly declared unlawful, and seeks to preserve his retirement grade.