Senator Mark Kelly is locked in a fierce legal battle with the federal government, specifically suing Defense Secretary Pete Hegseth after the Pentagon moved to censure him and lower his military retirement rank, as reported by CNN. This legal fight is intense and holds a great deal of significance for the Arizona lawmaker’s political future as he considers a run for the White House in 2028.
Kelly, a retired astronaut and Navy officer, took legal action earlier this month, arguing the attempted retaliation violates the core independence of the legislative branch and the necessity of having an apolitical military. The whole fight stems from Kelly participating in a video released in November where he and five other Democratic lawmakers urged service members to reject illegal orders.
The Pentagon’s attempt to punish him for his speech is, in Kelly’s view, absolutely unlawful. He asked a federal judge to block the moves and declare them illegal. The 46-page complaint lays out his defense, stating plainly that the First Amendment stops the government from punishing people for protected speech. The complaint stresses that this prohibition applies with “particular force to legislators speaking on matters of public policy.”
This legal battle against the Pentagon is definitely going to define his path forward and show voters exactly what he’s willing to take on
Kelly stated, “I’m a f—ing US senator. I have, in theory — in theory — supercharged First Amendment speech rights under the speech and debate clause, and they’re trampling on that.” That is a powerful statement, and frankly, I think he has a serious point here. You simply can’t have the executive branch silencing lawmakers without destroying checks and balances.
This video, which is the source of the entire legal conflict, drew immediate fire from President Trump. The president attacked Kelly and the five other Democratic lawmakers, saying they had committed sedition and even suggesting they should be sentenced to death.
The president’s remarks have led to terrifying real-world consequences for the Arizona Senator and his family. Kelly has recounted that his office has received serious threats since President Trump made those statements. Considering Giffords was shot in the head during a constituent event in 2011, this escalation of threats is truly awful and completely unacceptable in a civilized political environment.
Despite the intense legal and personal danger, Kelly is keeping his eye firmly on the political horizon. He was previously on the shortlist for former Vice President Kamala Harris to choose as her running mate back in 2024. Now, as the 2028 Democratic primary gets closer, Kelly is still campaigning nationwide and confirmed he is seriously considering a run for the presidency.
He knows the stakes are incredibly high, but he feels a deep obligation to continue fighting this battle. Kelly stated that he feels this obligation “more so than anything I’ve ever done in my life, to fight back against an unhinged president and a weaponization of the federal government against the constitutional rights of a million retired veterans.”
Published: Jan 22, 2026 11:00 am