Pete Hegseth Slapped With Fresh Lawsuit: Trump's Secretary of War Sued by Sen. Mark Kelly Over Efforts to Reduce His Military Retirement Rank
Pete Hegseth has threatened to cut Mark Kelly's military retirement pay and rank.
Jan. 12 2026, Published 7:41 p.m. ET
Senator Mark Kelly has sued Pete Hegseth after the Secretary of Defense punished him for telling troops not to follow illegal orders, RadarOnline.com can report.
Hegseth has already censured the Democratic Senator, threatening to cut his retirement pay and reduce his rank.
First Amendment Fight
Kelly told US troops not to follow illegal orders.
Kelly's lawsuit, filed Monday, January 12, argues Hegseth's retaliation violates the First Amendment and will have a chilling effect on legislative oversight.
"The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech," his lawsuit says. "That prohibition applies with particular force to legislators speaking on matters of public policy."
Kelly continues: "If permitted to stand, the Secretary’s censure and the grade-determination proceedings that he has directed will inflict immediate and irreparable harm.
"The censure, the grade-reduction process, and its inevitable outcome impose official punishment for protected speech, chill legislative oversight, and threaten reductions in rank and pay."
Hegseth's 'Necessary' Step
Hegseth has censured Kelly as well.
However, Hegseth defended the censure and insisted it was a "necessary process step" on a path that could lead to a permanent demotion.
Kelly said in a statement that the lawsuit is necessary to stand up to improper and baseless behavior by the secretary.
"His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the president or secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted," he said.
"That’s not the way things work in the United States of America, and I won't stand for it."
Hegseth, here with Robert F. Kennedy Jr., has been pushing a healthy lifestyle.
The only thing Hegseth likes more than flexing his political muscles is flexing his physical muscles.
The 45-year-old recently joined UCLA ROTC cadets for a series of exercises as part of his "Arsenal of Freedom" tour, training for an hour and then addressing the cadets.
Part of his show-off showcase was a series of deadlifts with the students, though Hegseth was the one getting a lesson online.
"I deadlifted more than this in middle school," one person teased on X, as another ridiculed: "Bad form. Homie is knee-knocking like he’s scared of something."
A third person slammed: "Gotta work off the hangover somehow."
While one person reasoned: "When is everyone going to stop being so childishly impressed by Hegseth's workout routine? We'd all really prefer someone who isn't a misogynistic recovering alcoholic, and has at least 'some' level of proven management skill ... but instead we got Pete. Sucks to be us."
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His garbage mouth, however, had critics in an uproar.
Hegseth was also dragged for his profane response to the recent arrest of Venezuelan leader Nicolás Maduro.
During a victory lap press conference at President Trump's Mar-a-Lago resort, Hegseth boasted: "Nicolás Maduro had his chance, just like Iran had their chance until they didn’t and until he didn’t."
Then he shot out what seems to be the Trump administration's new motto: "He f'd around, and he found out."
Hegseth echoed comments his boss made in October, when he told a reporter Maduro "doesn't want to f--- around with the United States."
His obscene choice of words was derided online.
"Pete Hegseth is such a meathead. Cringe," one person blasted on X.
Another added: "Pete Hegseth is the most ignorant, undisciplined and unprofessional man I've ever seen speak behind a podium."
