Democratic Senator Mark Kelly filed a lawsuit against the Pentagon on Monday regarding alleged repercussions for his remarks on illegal orders issued to U.S. troops, asserting that the Trump administration infringed upon his freedom of speech rights.
Kelly, a former astronaut and ex-U.S. navy pilot representing Arizona, is aiming to halt his reprimand by U.S. Defense Secretary Pete Hegseth last week. Hegseth declared on January 5th that he was reprimanding Kelly for his involvement in a video urging troops to resist unlawful commands.
The censure, outlined in a formal letter with minimal practical impact, was described by Hegseth as a necessary procedural step that could lead to Kelly’s demotion from his retired rank of captain and subsequent reduction in retirement benefits.
In response, Kelly has petitioned the federal court in Washington, D.C., seeking a ruling that deems the censure letter, rank-related proceedings, and any other penalties against him as unlawful and unconstitutional. His lawsuit emphasizes that the First Amendment prohibits the government and its officials from penalizing disapproved expression or retaliating against protected speech, especially when it involves legislators addressing public policy issues.
The Pentagon did not promptly reply to a request for comment on the matter. The case has been assigned to U.S. District Judge Richard Leon, appointed to the bench by former Republican President George W. Bush.
This legal action of a sitting U.S. senator suing the defense secretary is an uncommon occurrence and underscores lawmakers’ efforts to counter what they perceive as excessive executive branch authority. The censure stemmed from Kelly’s role in a video from November 2025, where he and five other Democratic lawmakers, all veterans of the armed services and intelligence community, called on troops to uphold the Constitution and resist illegal commands.
Despite facing criticism, Kelly and his fellow lawmakers have stood by their video, released as the Pentagon initiated actions against suspected drug-smuggling vessels near Venezuela. President Donald Trump later accused the lawmakers of sedition, a charge he claimed was punishable by death.
The Pentagon initiated an investigation into Kelly in late November under a federal law allowing retired service members to be called back to active duty by the defense secretary for potential court-martial or other penalties. While all six lawmakers in the video have military or intelligence backgrounds, Hegseth singled out Kelly for investigation due to his formal military retirement status falling under the Pentagon’s jurisdiction.
The lawsuit names Hegseth, the Defense Department, Navy Secretary John Phelan, and the Navy as defendants. Kelly emphasized in a statement that he is defending the rights of those who fought to safeguard American freedoms, criticizing Hegseth for attempting to stifle dissent by threatening military veterans with rank and pay deprivation, stating that such actions are unacceptable in the United States.