Sen. Mark Kelly of Arizona filed a federal lawsuit on Monday against the Pentagon and Defense Secretary Pete Hegseth, thrusting one of the most bizarre Pentagon political battles of recent years into the courts.
The lawsuit challenges disciplinary actions initiated by Hegseth after Kelly appeared in a video last November urging U.S. military personnel to uphold the Constitution and resist “illegal orders.” That clip, featuring Kelly and five other Democratic lawmakers — all veterans — drew a furious reaction from the Trump administration, which labeled their comments as undermining military discipline.
Last week, Hegseth formally censured Kelly — a retired Navy captain and former astronaut — and began proceedings that could reduce his retired rank and cut his military retirement pay. According to the Trump administration, the censure is a “necessary process step” toward possible administrative sanctions that could affect Kelly’s pension and status.
Kelly’s lawsuit asks a federal judge to throw out that censure and stop any punitive actions, arguing they violate his constitutional rights. His complaint leans heavily on the First Amendment and lawmakers’ traditional speech protections, asserting that penalizing him for participating in the video amounts to unlawful retaliation.
“The First Amendment forbids the government and its officials from punishing disfavored expression or retaliating against protected speech,” the lawsuit says, *“especially for legislators speaking on matters of public policy.
The origins of the dispute go back to a November video in which Kelly and other lawmakers — all with military or intelligence backgrounds — told service members they had a duty to refuse clearly unlawful commands. That message was released amid controversy over U.S. military actions and internal Pentagon decisions. Trump blasted the lawmakers’ comments online, calling the video “seditious” and suggesting harsh consequences for those involved.
Hegseth’s actions have stoked intense debate. Critics, including military legal experts, argue the video’s content was consistent with long-standing military law, which affirms service members must disobey unlawful orders. Some see Hegseth’s move as a politically motivated escalation targeting a lawmaker for exercising constitutional speech rights.
Republicans and Democrats are clashing not just over policy but over how far the Pentagon can go in disciplining a sitting U.S. senator over free speech — especially one who earned his rank through decades of service and combat missions.
Kelly’s lawsuit is just beginning, and the federal court challenge could set a major precedent for how far any administration may punish political speech by retired service members or sitting members of Congress.
