Trump Action Archive

Supporting reports

• Senator Mark Kelly sued Defense Secretary Pete Hegseth for military censure in retaliation for protected speech — Democratic Senator Mark Kelly of Arizona filed a lawsuit against Defense Secretary Pete Hegseth, the Defense Department, Navy Secretary John Phelan, and the Navy Department, alleging violations of his First Amendment rights, the Speech and Debate Clause, separation of powers, due process, federal law governing retired officer ranks (10 USC 1370), and the Administrative Procedure Act. The suit challenges Hegseth's January 5 formal censure of Kelly, which followed Kelly's November 18 participation in a video with five other Democratic veterans in Congress warning military and intelligence personnel that they have a legal duty to refuse unlawful orders. The lawsuit seeks to declare the censure and related actions unlawful and unconstitutional, vacate them, and enjoin their enforcement.
• Preliminary injunction ruling — Kelly v. Hegseth (D.D.C.) 1:26-cv-00081 — Plaintiff moved for a temporary restraining order and preliminary injunction.
• Sen. Kelly sued Secretary Hegseth to block reduction of his Navy rank and retirement pay for protected speech — Sen. Mark Kelly (D-AZ) filed a lawsuit against Secretary of Defense Pete Hegseth seeking an injunction to prevent unilateral reduction of Kelly's Navy rank and retirement pay in retaliation for a video urging service members not to follow unlawful orders. Kelly's complaint alleges First Amendment violation, retaliation for protected legislative speech, and an unprecedented executive attack on congressional independence and military oversight authority.
• Senator Kelly sued Defense Secretary Hegseth over military retaliation — Senator Mark Kelly (D-Ariz.) sued Defense Secretary Pete Hegseth and the Pentagon to block their efforts to punish him for a video he participated in last year with other Democratic lawmakers calling on military members to refuse illegal orders, asking a federal judge to find the move "unlawful and unconstitutional."
• Mark Kelly sues Hegseth over military rank reduction and pension censure — Democratic Senator Mark Kelly filed a lawsuit in Washington DC federal court challenging Defense Secretary Pete Hegseth's formal censure and threatened demotion/pension reduction. The censure targeted Kelly and five other military-veteran lawmakers for a November video urging service members to resist unlawful orders. Kelly argues the action violates free speech, legislative independence, and separation of powers. The lawsuit names Hegseth, the Department of Defense, the Navy, and Navy Secretary John Phelan as defendants and seeks to vacate the censure and all related actions.
• Senator Mark Kelly files lawsuit against Defense Secretary Hegseth over retaliation for protected speech — Senator Mark Kelly filed a lawsuit seeking to nullify Defense Secretary Pete Hegseth's attempt to reduce his rank and pension as punishment for the video urging troops to refuse illegal orders. Kelly characterized Hegseth's actions as an "unconstitutional crusade" that sends a chilling message to retired military members that speaking against the administration will result in loss of rank and pay. Kelly argued that such retaliation violates constitutional protections and sets a dangerous precedent for suppressing military veterans' free speech.
• Pentagon censures Senator Mark Kelly and launches administrative proceedings — Pentagon Secretary Pete Hegseth formally censured Arizona Senator Mark Kelly, a retired Navy captain, in January and initiated administrative proceedings that could result in rank reduction and pension cuts. Kelly participated in the same November video about military duty to illegal orders. Kelly has responded with litigation arguing the Pentagon's actions violate constitutional protections.