Democratic Sen. Mark Kelly of Arizona has filed a lawsuit against the Pentagon and War Secretary Pete Hegseth, seeking to block military disciplinary action taken against him for his public warnings about unlawful orders to U.S. service members.
Kelly, a retired Navy captain and current U.S. senator, sued the Pentagon in federal court on Monday, asking a judge to halt efforts to punish him over his participation in a video urging service members not to follow illegal orders. The lawsuit argues the punitive steps violate his First Amendment rights and the constitutional Speech or Debate Clause protecting members of Congress.
The lawsuit comes after Hegseth formally censured Kelly and launched administrative proceedings that could result in reducing his retired military rank and retirement pay — actions Kelly’s attorneys say are retaliatory and unconstitutional.
Hegseth’s letter of censure followed a November 2025 video in which Kelly and several other lawmakers told service members they have a duty to refuse unlawful orders. The Pentagon has called the remarks “seditious” and said they undermined good order and discipline.
In the lawsuit, Kelly contends that urging troops to obey the law and Constitution — including refusing unlawful commands — is protected speech and that targeting him for doing so constitutes unconstitutional retaliation. His legal team asks the court to block any enforcement of the administrative actions against his military retirement benefits.
CBS News reports:
“It appears that never in our nation’s history has the Executive Branch imposed military sanctions on a Member of Congress for engaging in disfavored political speech,” Kelly’s legal team wrote in the complaint. “Allowing that unprecedented step here would invert the constitutional structure by subordinating the Legislative Branch to executive discipline and chilling congressional oversight of the armed forces.”
They said Kelly’s public statements and legislative acts in response to the Trump administration’s actions regarding the military are “significant matters of public concern” that fit within the First Amendment’s protections and his oversight responsibilities as a senator. The senator’s lawyers added that they believe there is no legal basis to take action against him based on “post-retirement political speech.”
Kelly said in a statement that Hegseth’s efforts to punish him leave military veterans at risk of seeing their rank and pay downgraded years after they retire for making comments that he or other defense secretaries dislike.
“His unconstitutional crusade against me sends a chilling message to every retired member of the military: if you speak out and say something that the President or Secretary of Defense doesn’t like, you will be censured, threatened with demotion, or even prosecuted,” Kelly said.
Hegseth has defended the censure and administrative proceedings as appropriate under military law, asserting that Kelly’s public remarks were prejudicial to good order and discipline and warranted formal action.
The dispute has drawn wide attention not only because it involves a sitting senator being targeted by the War Department, but also because legal experts have questioned the Pentagon’s authority to punish a retired officer for political speech and whether such actions chill protected speech by civilian veterans.
Republican senators, including Susan Collins and Thom Tillis, have publicly criticized the Pentagon’s censure of Kelly, saying it constitutes an overreach and threatens free speech.
This is a breaking news story. Please check back for updates.
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Kelly needs to be booted
Was he speaking as a congressman or as former military with his comments?
…Kelly scewed the pooch when he flapped his lips without discernment or concern for its effect…salud SecWar!
There must be severe consequences to those guilty of sedition and treason! It’s just a slap on the wrist to simply censor or remove these folks from office, for all those members of Congress involved in incidents such as these.
And no doubt the judge was hand picked and paid by Soros for Kelly’s law suit as has happened so many times before in my opinion!