In a significant legal move, Democratic Senator Mark Kelly has taken a stand against the Pentagon, filing a lawsuit that challenges what he perceives as an infringement on his constitutional rights. This rare legal confrontation involves Kelly’s response to being censured by Defense Secretary Pete Hegseth over a video urging military personnel to resist illegal orders.
Senator Kelly, a former U.S. Navy pilot representing Arizona, is contesting the censure issued last week by Hegseth. The defense secretary’s action followed Kelly’s participation in a video that advised troops to challenge unlawful directives. Hegseth described the censure as “a necessary process step” that could potentially lead to Kelly’s demotion from his retired military rank and a reduction in retirement pay.
In his lawsuit filed in the federal court of Washington, D.C., Kelly seeks to invalidate the censure letter, arguing that it, along with any proceedings affecting his rank, is “unlawful and unconstitutional.” The lawsuit emphasizes that “The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” especially when legislators address public policy issues.
Defense Secretary Pete Hegseth has announced that he is issuing a letter of censure to Sen. Mark Kelly over the lawmaker’s participation in a video that called on troops to resist unlawful orders.
The Pentagon did not immediately comment on the lawsuit. The case has been assigned to U.S. District Judge Leon, a nominee of former Republican President George W. Bush.
This legal action by a sitting U.S. senator against the defense secretary is unusual and highlights a broader congressional pushback against perceived overreach by the executive branch. Kelly’s censure is linked to a November video featuring him and five other Democratic lawmakers—all veterans—encouraging military personnel to adhere to constitutional principles over potentially unlawful directives from the Trump administration.
The video, originally posted on Sen. Elissa Slotkin’s social media account, included appearances by Reps. Jason Crow, Chris Deluzio, Maggie Goodlander, and Chrissy Houlahan. Despite the Pentagon’s ongoing military actions near Venezuela, the lawmakers, including Kelly, remain steadfast in their message.
Sen. Mark Kelly says he won’t back down in the face of a Pentagon investigation after he and other Democratic lawmakers called on U.S. troops to refuse illegal orders.
President Donald Trump responded to the video by accusing the lawmakers of sedition, a charge he claimed was “punishable by DEATH” on social media. The Pentagon’s investigation, initiated in late November, references a federal statute permitting the recall of retired service members for possible disciplinary actions, as ordered by the defense secretary.
While all involved lawmakers have military or intelligence backgrounds, Kelly faces scrutiny because of his formal retirement status, which keeps him under Pentagon jurisdiction. Named in Kelly’s lawsuit are Hegseth, the Defense Department, Navy Secretary John Phelan, and the Navy.
In a statement, Kelly asserted his commitment to defending the rights of Americans, criticizing Hegseth’s actions as attempts to stifle dissent and penalize military veterans by threatening their rank and benefits. “That’s not the way things work in the United States of America, and I won’t stand for it,” Kelly declared.
Associated Press writer Ben Finley and Congressional Correspondent Lisa Mascaro contributed to this report.
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