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Jan 16, 2026

Arizona Sen. Kelly sues Hegseth over military pension cuts following video message

Arizona Sen. Kelly sues Hegseth over military pension cuts following video message

 

May be an image of the Oval Office and text that says 'BREAKING SEN. KELLY SUES HEGSETH OVER MILITARY PENSION CUTS AFTER VIDEO URGING TROOPS to 'REFUSE ILLEGAL ORDERS''

Sen. Mark Kelly fired back at Secretary of War Pete Hegseth on Monday after the Trump administration cabinet member announced Kelly would receive a censure letter over his illegal orders video.

Sen. Mark Kelly, D-Ariz., a retired naval officer, is suing the War Departmen, as well as War Secretary Pete Hegseth, over the agency’s actions to demote him and cut his retirement pay for urging military service members to “refuse illegal orders” in a video message with other leading Democrats.

A federal lawsuit filed in Washington D.C., names Hegseth, the Navy, the Department of Defense – now renamed the War Department – and Navy Secretary John Phelan as defendants.

The lawsuit said the Trump administration’s actions “trample on protections the Constitution singles out as essential to legislative independence.”

Sen. Kelly and Pete Hegseth

Sen. Mark Kelly is suing over Secretary of War Pete Hegseth’s move to reduce his rank and military pension. 

“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” the lawsuit states.

The Pentagon’s actions “violate numerous constitutional guarantees and have no basis in statute,” the lawsuit adds.

A War Department official told Fox News Digital that the agency was aware of the lawsuit.

“However, as a matter of policy, the Department does not comment on ongoing litigation,” the official said.

Hegseth has sought to reduce Kelly’s retirement rank and military pension amid a feud with the Trump administration, after Kelly joined five other Democratic lawmakers in a November video telling service members that they were obligated to refuse illegal orders.

In a letter censuring Kelly, Hegseth said Kelly’s remarks did not promote good order and discipline. Such a letter typically calls out figures for wrongdoing and can be used to justify reductions in rank, pay or benefits. It also serves as an official warning that future misconduct could result in harsher consequences.

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