Tuesday, January 13, 2026

Sen. Mark Kelly sues government over right to undermine military chain of command

 U. S. Senator Mark Kelly has initiated a lawsuit against the federal government following an investigation into his conduct related to a controversial video. This legal action centers around claims that he may have undermined the military chain of command.

• Lawsuit Details: Senator Kelly, a former military member, is suing War Secretary Pete Hegseth due to an ongoing review which could result in disciplinary actions including a potential demotion or reduced retirement benefits.

• Controversial Video: Kelly and several other Democratic lawmakers released a video encouraging military personnel to "refuse illegal orders," which they claim are being issued by President Donald Trump. They argue that these orders threaten constitutional integrity, though no specific examples of illegal orders from Trump have been provided.

• First Amendment Argument: Kelly contends that his statements are protected under the First Amendment, which prohibits the government from punishing speech deemed disfavored. He argues that his comments are political speech regarding public policy.

• Military Regulations: Despite his political claims, Kelly remains bound by military law, which restricts servicemen and women from making statements that could undermine command authority.

• Investigation Process: Secretary Hegseth initiated the investigation after the video was made public. The inquiry may lead to recommendations for action by Navy Secretary John Phelan. Other lawmakers involved in the video face scrutiny from the FBI for their comments.

• Support for Kelly: Kelly claims that military personnel have approached him with concerns about the legality of orders from the Trump administration, indicating a broader context for his remarks.

Senator Mark Kelly's lawsuit raises important questions about the freedom of speech for military personnel and the role of lawmakers in critiquing military authority. The outcome of this lawsuit could have significant implications for how political speech is treated within the context of military law. The investigation continues as officials look into the depth of the allegations and their potential consequences for Kelly and the other involved lawmakers. 

https://www.wnd.com/2026/01/sen-mark-kelly-sues-government-right-undermine-military/

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