Hegseth Fires Back at ‘Captain’ Mark Kelly Over Lawsuit

War Secretary Pete Hegseth isn’t backing down from a fight especially when it involves holding a sitting U.S. Senator accountable for potentially seditious behavior.

Hegseth responded forcefully this week after Sen. Mark Kelly (D-AZ) filed a lawsuit accusing the War Department of overreach, claiming that Hegseth’s censure and investigation into his conduct violated Kelly’s rights as a veteran and a legislator.

“‘Captain’ Kelly knows exactly what he did, and that he will be held to account,” Hegseth posted. “That’s why he’s so worried and cranky.”

The lawsuit, filed Monday, names Hegseth, Navy Secretary John Phelan, the Department of the Navy, and the Department of War as co-defendants. Kelly argues that the investigation into his behavior launched after he appeared in a video urging active duty service members to question the legality of their orders is politically motivated and unconstitutional.

But Hegseth isn’t buying it. One week earlier, the War Secretary announced that Kelly, a retired Navy captain, would face a full review of his conduct a move that could result in demotion, loss of benefits, or even a return to active duty for a Court Martial.

“His unconstitutional crusade against me sends a chilling message,” Kelly claimed in his lawsuit, casting himself as the victim of retaliation for speaking out against the administration.

But the facts tell a different story.

According to Hegseth, Kelly wasn’t just voicing dissent he actively encouraged insubordination among active-duty military members, an act that strikes at the very heart of military discipline and readiness.

“This isn’t free speech. It’s a clear breach of duty,” one Pentagon source said anonymously. “When a former officer tells active-duty personnel to question their orders in real time publicly that’s not political disagreement. That’s a threat to the chain of command.”

Hegseth dubbed Kelly and five other lawmakers behind the video “The Seditious Six,” but Kelly is the only one still subject to the Uniform Code of Military Justice (UCMJ) due to his retired status and military pension which allows for disciplinary measures, including recall to active duty, in extreme cases.

Why this matters:

• Kelly’s lawsuit could establish precedent for how retired military officers who enter politics are held accountable for actions that blur the line between civil discourse and insubordination.

• The video in question, which circulated widely online, shows Kelly advocating for military personnel to “stand up and refuse illegal or unconstitutional orders” language critics say amounts to inviting disobedience.

• The Biden administration has so far remained silent, despite Kelly’s close alignment with the Democratic leadership and his vulnerable Senate seat in Arizona.

While Kelly attempts to frame this as a First Amendment issue, Hegseth and others in the War Department see it for what it is: a breach of military ethics by a man who still wears his service as political armor while encouraging disorder in the ranks.

The censure and investigation will move forward lawsuit or not. And Hegseth’s message to Kelly and any others thinking about politicizing the military was loud and clear: there are consequences.

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