The tale of the most seditious of the “Seditious Six” just took another big twist.
Sen. Mark Kelly of Arizona filed a lawsuit Monday against Secretary of War Pete Hegseth, trying to block efforts to censure him and strip him of rank in retirement — all fallout from Kelly’s starring role in the so-called “Seditious Six” debacle. That controversy erupted after several sitting Democratic lawmakers publicly encouraged members of the U.S. military and intelligence community to ignore what they vaguely labeled “illegal” orders from President Trump, without ever bothering to specify which orders they were talking about or why they were supposedly unlawful.
In response, Hegseth called for a formal investigation into Kelly’s conduct, urging the Department of War to review his record and weigh a reduction in his retirement rank — a step that would also cut Kelly’s retirement pay.
? JUST IN: Traitorous Sen. Mark Kelly is now frantically SUING SecWar Pete Hegseth because Hegseth is punishing him for betraying America
Kelly told the ENTIRE military to disobey the Commander-in-Chief and is now FAFOing
HE MUST LOSE! Court-martial Mark Kelly! pic.twitter.com/VqdYNXHz6F
— Eric Daugherty (@EricLDaugh) January 12, 2026
Kelly, for his part, claims the Pentagon’s move to downgrade his retirement rank and pension would somehow “trample” constitutional protections for legislative independence. In other words, he’s arguing that the executive branch has no authority to hold a sitting senator accountable for urging members of the military to ignore presidential orders — dressing up reckless conduct as “disfavored political speech” and hoping he can use ‘muh Constitutional rights’ to shield him from consequences clearly laid out in the Uniform Code of Military Justice as well as federal statutes.
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the complaint reads. “That prohibition applies with particular force to legislators speaking on matters of public policy.”
Previously, Hegseth laid out his case against Kelly, noting it had zero to do with “speech” and everything to do with what was said and implied:
Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline. As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he…
— Secretary of War Pete Hegseth (@SecWar) January 5, 2026
Six weeks ago, Senator Mark Kelly — and five other members of Congress — released a reckless and seditious video that was clearly intended to undermine good order and military discipline. As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice. And the Department of War — and the American people — expect justice.
Therefore, in response to Senator Mark Kelly’s seditious statements — and his pattern of reckless misconduct — the Department of War is taking administrative action against Captain Mark E. Kelly, USN (Ret). The department has initiated retirement grade determination proceedings under 10 U.S.C. § 1370(f), with reduction in his retired grade resulting in a corresponding reduction in retired pay.
To ensure this action, the Secretary of War has also issued a formal Letter of Censure, which outlines the totality of Captain (for now) Kelly’s reckless misconduct. This Censure is a necessary process step, and will be placed in Captain Kelly’s official and permanent military personnel file.
Captain Kelly has been provided notice of the basis for this action and has thirty days to submit a response. The retirement grade determination process directed by Secretary Hegseth will be completed within forty five days.
Captain Kelly’s status as a sitting United States Senator does not exempt him from accountability, and further violations could result in further action.
These actions are based on Captain Kelly’s public statements from June through December 2025 in which he characterized lawful military operations as illegal and counseled members of the Armed Forces to refuse lawful orders. This conduct was seditious in nature and violated Articles 133 and 134 of the Uniform Code of Military Justice, to which Captain Kelly remains subject as a retired officer receiving pay.
They’re called consequences, Senator. A real man would own up to them and accept what he has coming.
